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George Bartlett QC

George Bartlett QC, associate member of Francis Taylor Building

Year of call: 1966 (QC 1986)

Practice areas: ADR
Contact clerk
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George Bartlett QC

Profile

George Bartlett QC was President of the Lands Tribunal and its successor the Upper Tribunal Lands Chamber from 1998 to 2012. On his retirement he joined Francis Taylor Building as an arbitrator. During the 14 years of his Presidency he decided the great majority of cases of importance in the Tribunal jurisdictions, some of which are listed below. He also sat as a Deputy High Court Judge from 1994 to 2012, mainly determining planning cases in the Administrative Court.

After reading law at Oxford George Bartlett was called to the Bar in the Middle Temple in 1966 and became a Bencher in 1995. Until his appointment as President of the Lands Tribunal in 1998 he was in practice at 2 Mitre Court Buildings at the Planning and Parliamentary Bar, becoming a QC in 1986. He appeared at public inquiries and in other proceedings relating to major infrastructure projects and other development proposals as well as in the Lands Tribunal in compensation and rating cases. He was an editor of Ryde on Rating.

Decisions

Among his many decisions determining and clarifying the law and principles of valuation are the following:

Waters v Welsh Development Agency ACQ/93/1999, Court of Appeal [2003] Env L. R. 15, House of Lords [2004] 1 WLR 1304 (compensation: identification of the scheme when applying the Pointe Gourde rule)

Pentrehobyn Trustees v National Assembly for Wales ACQ/116/2000 (compensation: planning assumptions in the no-scheme world)

Ocean Leisure Ltd v Westminster City Council LCA/30/2003, CA [2005] 1 P & CR 25 (compensation for injurious affection where highway obstructed during works)

Re Fairclough Homes LP/30/2001 (modification of restrictive covenant: practical benefits to be gauged in relation to potential alternative development)

Lloyds TSB Private Banking Plc v Twiddy DET/47/2004 (Inheritance Tax: house occupied by lifestyle farmer not a farmhouse for purposes of exemption)

Gallagher (VO) v Church of Jesus Christ of Latter-Day Saints, CA [2007] 2 P & CR DG6, HL [2008] 1 WLR 1852 (rating: Mormon temple and ancillary buildings not exempt as place of public religious worship)

Cadogan v Sportelli LRA/50/2005, CA [2008] RVR 244, HL [2010] 1 AC 226 (leasehold enfranchisement: determination of deferment rate for application as generic assumption)

Spirerose Ltd v Transport for London ACQ/41/2005, CA [2009] 1 P & CR 20, HL [2009] 1 WLR 1797 (compensation: no scheme world planning permission to be assumed)

Harrods Ltd v Baker (VO) RA/36/2005 (rating: principles to be applied in the valuation of a department store)

Union Railways (North) Ltd v Kent County Council ACQ/212/2005, CA [2010] PTSR 90 (compensation: notice to treat not a prerequisite to a claim for compensation in respect of an interest in land taken)

Urban Edge Ltd v London Underground Ltd ACQ/186/2005 (compensation: planning permission and cancellation assumption)

Nailrile Ltd v Cadogan LRA/114/2006 (leasehold enfranchisement: valuation of intermediate leasehold interests)

Bishopsgate Parking (No 2) Ltd v Welsh Ministers ACQ/459/2010 (compensation: Capital Gains Tax liability potentially claimable; loss suffered by parent company of landowner not compensatable)

Newbold v Coal Authority LCA/290/2010 (mining subsidence: validity of claim notices in respect of damage to Wentworth Woodhouse)

These and other decisions are available on the Lands Chamber website (www:justice.gov.uk/tribunals/land/decisions), which also identifies all decisions appealed to the Court of Appeal and the outcomes.