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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. During the 14 years of his Presidency he decided the great majority of cases of importance in the Tribunal jurisdictions. 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 (MA) 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.

On his retirement as a judge in 2012 he joined Francis Taylor Building as an arbitrator.  From 2013 he has also been an Appeal Board Chairman of the British Horseracing Authority.  His experience in Arbitration and other ADR includes the following:

An Arbitration of a multi-million $ claim in a British Overseas Territory. The claim was for compensation for losses sustained in consequence of statutory powers to acquire land. George Bartlett was appointed by the Governor as a member of an arbitral panel of three.  After procedural disputes between the parties the arbitration was eventually terminated by order of the court.

An Early Neutral Evaluation relating to a dispute between an English university and a local authority in relation to statutory rating relief on parts of the university’s estate. Following a hearing a full reasoned Recommendation was given.

An Arbitration as sole arbitrator under a grant of an easement for a gas pipeline between a major industrial concern and the gas utility company.  The issue was whether there was an entitlement to pursue a claim for compensation in relation to a major factory extension that had received planning permission but was prevented by the presence of the pipeline. Two hearings were held, the second involving complex factual and expert evidence, and full reasoned awards were given.  
 

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.

Memberships

  • Member of the London Court of International Abitration (LCIA)