CPO Talking Heads: September 2023

The Land Compensation Claims Protocol

This event runs as an informal discussion with a small panel of leading and informed practitioners extracting the nuances from this months topic "The Land Compensation Claims Protocol". It will discuss practical issues that arise, with participants in the meeting being encouraged to listen, join in, ask questions and share comments.

Module Duration: 1 hour 3 minutes 

Recorded: 25/09/2023

Areas covered

The CPA have partnered with CPT Events to bring you CPO Talking Heads.

September's Discussion: The Land Compensation Claims Protocol

The Land Compensation Claims Protocol was conceived by The Compulsory Purchase Association 9 years ago and published in 2018 after consultation with the Tribunal and support from the membership. Its purpose was to encourage parties in land compensation disputes to engage in a meaningful and effective way. It seeks to resolve disputes, prior to any reference to the Upper Tribunal (Lands Chamber) being made.

The Protocol is a statement of best practice in relation to land compensation claims and should be used by both members and non-members. It provides guidance for all parties and practitioners engaged in compulsory purchase and other land compensation matters. Whilst it is not mandated for CPO practitioners to apply it, the Upper Tribunal’s Practice Direction encourages parties to use it and states that the Tribunal will take an unreasonable refusal to follow the Protocol into account when deciding what order for costs to make at the conclusion of the reference.

This Talking Heads programme focuses upon:

• What the Protocol covers and is there a need to revise it?
• Has the Protocol been widely followed and is it effectively used by the industry?
• How does the Upper Tribunal regard the Protocol and to what extent is non-compliance taken into account as part of its decision making, including in relation to assessment of costs? 
• What is the relationship between the Protocol and other professional regulations/guidance, such as the RICS Professional Statement “Surveyors Advising in Respect of Compulsory Purchase and Statutory Compensation”?
• Does the Protocol need to carry more weight and carry sanctions for non-compliance and, if so, how might this be achieved?
• What role does Alternative Dispute Resolution have to play in achieving the best practice aims of the Protocol?

September's Talking Heads

• David Holland, Chair, The Affected Parties working Group, Vice Chair of the CPA and Partner, Squire Patton Boggs (UK) LLP
• Meyric Lewis KC, Barrister, Francis Taylor Building
• Simon Layland, Dispute Manager - Land & Property, HS2 Ltd
• Haley Gore, Senior Associate, Eversheds Sutherland