Promoting and enhancing best practice and technical expertise

The 11th Annual CPO Convention 2024

Challenges for Claimants, their Advisors and the Acquiring Authority

The purpose of this CPO Convention is to focus on some of the prominent and key areas of CPO practice. It delivers a nuts and bolts review of important and contentious practical matters. The Convention is aimed at those in the field of Compulsory Purchase; whether advising acquiring authorities or representing claimants. 

Start Date Venue Price  
2 October 2024 Burges Salmon LLP, London    

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Day Event (5.3 Hours CPD) Lunch Included.
Registration from: 10.00. Event starts at: 10.30. Event finishes at: 17.20.

Claimants find themselves in a situation not of their making; neither from their action or inaction, but simply by their mere presence on land that has been designated for redevelopment, for a project that is considered as having a compelling public benefit. 


Removing land and rights from an unwilling seller is never going to make the process equitable and trauma free. Whilst Guidance issued by DLUHC urges acquiring authorities and promoters to take certain steps to pro-actively engage with claimants, putting words into action is always challenging for advisors on the front line while they juggle competing interests.


Compulsory purchase powers are a necessary tool to deliver development and infrastructure; they are remarkably successful. Despite frequent gripes from both sides in a project, there are also many instances where an uneasy truce enables effective negotiation that helps navigate pinch points, making the process both less fraught for claimants and the advisors acting for or against them. This programme highlights how to best to achieve this.


If you are involved with CPO work, then you should be attending this event.  

Speakers

Programme

Landowner Negotiations and Claim Resolution – A Focus on Positive AA Behaviours:

  • Compulsory purchase as a “last resort”
  • The basis and merits or early engagement
  • The impact of objecting
  • Resolution of claim following CPO implementation

Engagement Process – A View From Claimants:

  • When?
  • Obligations and consultations required by AAs in order to get the CPO confirmed
  • What does engagement look like? – the good, the bad and the tick box
  • Where are the pinch points for claimants?
  • Why go the extra mile? – benefits to the AA and the claimant
  • Consequences when the parties fail to properly engage?
  • Does the law need reform? – why should the claimant expend time and money in taking advice and negotiating in the shadow of a CPO? 
  • How to fund negotiations and professional advice in the absence of a budget? 

Fees:

  • Funding objections, compensation negotiations and disputes
  • Pre-order fees – what is best practice?
  • What is a reasonable fee?
  • Cost v quality
  • Hourly rates -v- fixed fees
  • Managing expectations

Imbalance of Power, ADR Options and Access to Justice:

  • Should claimants fight a CPO, or simply work with the AA to get the best deal?
  • What weaponry do claimants possess, what of the AA?
  • Is using the justice system going to yield the best results for claimants?
  • The drive towards ADR solutions as a requirement before Court
  • What are the demands expected of the parties by the Court system?
  • What are the sanctions for failing to meaningfully engage in good faith?
  • What options are out there?
  • Strengths and weaknesses of ADR schemes
  • Is an appearance at the UT the best option?
  • Preparation costs, the threat of cost orders on the losing party

Mental Health Matters:

  • Pulling together the themes and feedback on mental health impacts
  • Planning and decision timeframes
  • Power, control and understanding
  • Empathy is not good enough
  • Governance and empowerment
  • Signs to watch for
  • Consequences
  • Help for the CPO practitioner

What Does Good Look Like?:

Compulsory purchase too frequently takes on a classic trench warfare characteristic - it is easy to forget the good things that come from what we do. 

 

Acquiring authorities and claimants can and do work constructively to deliver essential infrastructure, in a way that reasonably mitigates the impact on the claimant, including timely and reasonable agreements on compensation. This includes equitable and pragmatic resolution of disputes.

 

What can we learn from these cases?

  • Mitigation agreements
  • Accommodation works
  • Compensation
  • Government guidance
  • Effective engagement and negotiating strategies