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    Chambers and Partners, Compensation

Compulsory Purchase and Compensation

Francis Taylor Building is widely regarded as the go-to set for compulsory purchase compensation and land valuation.  Members of chambers are instructed to advise and appear for acquiring authorities, land owners in all aspects of compulsory purchase, compensation and land valuation:

Compulsory Purchase & Land Valuation
Compulsory Purchase (the acquisition stage)
Compulsory purchase (compensation)
Compensation (other than for compulsory purchase)

Compulsory Purchase & Land Valuation

This group of subjects comprises compulsory purchase (the acquisition stage), compulsory purchase (assessment of compensation), other forms of compensation (where the use or development of land has been detrimentally affected but the land has not been acquired), rating (assessment of rateable values) and rating (collection), Council Tax. It also includes a range of subjects relevant to land such as electricity wayleaves, gas and oil pipelines and mining subsidence. Members of Chambers have considerable knowledge, expertise and experience in these subjects.

Compulsory Purchase (the acquisition stage)

The compulsory purchase of land may be authorised by compulsory purchase order, development consent order (for nationally significant infrastructure projects), Transport & Works Act Orders or Parliament Bills. Members of Chambers have advised in relation to all these procedures and have appeared at public inquiries and in Parliamentary Committees for both acquiring authorities and objectors on a very wide range of projects.

Examples include the London Olympic Games 2012, Thameslink 2000, Wembley Stadium Link, Greenwich Peninsula, the Midland Metro system in Birmingham, the Channel Tunnel Rail Link, Crossrail,

Compulsory purchase may be challenged in the Courts, sometimes raising human rights issues. Examples of cases in which members of Chambers have been involved include R (Iceland Foods Ltd) v Newport City Council, R (Argos Ltd) v Birmingham City Council and Networks Rail Infrastructure Ltd, Sole v Secretary of State for Trade & Industry; Lisa Smith v Secretary of State for Trade & Industry.
Local authorities can exercise powers to acquire land by agreement include R (Manydown) v Basingstoke & Deane BC.

Compulsory purchase (compensation)

Claims for compensation following compulsory purchase are normally adjudicated by the Upper Tribunal (Lands Chamber) (and its predecessor the Lands Tribunal) (unless the parties agree to arbitration or mediation).  Examples of significant cases in which Members of FTB have been involved include Purfleet Farms Ltd v Secretary of State for Transport; Colneway Ltd v Environment Agency; Christos v Secretary of State for Transport; Optical Express (Southern) Ltd v Birmingham City Council; Railtrack plc v Guiness Ltd; RMC and ACE v London Borough of Greenwich; Urban Edge Group Ltd  v London Underground Ltd; Abbey Investments Ltd v London Development Agency; Rooff Ltd v London Development Agency: Kent County Council v Union Railways, Thomas Newall Ltd v Lancaster City Council, Singh v LDA, Welford v TfL, Clemdell v Dorset CC

Non tribunal cases in which members have been involved include CAAD challenges such as Harringay Meat Traders v SSCLG & GLA and Rooff Ltd v London Development Agency

The editors of one of the leading textbooks on compulsory purchase and compensation are Members of FTB: ‘Compulsory Purchase and Compensation Service’ (looseleaf) and ‘the Law of Compulsory Purchase’ (bound version) both published by Bloomsbury Professional.

Compensation (other than for compulsory purchase)

There are numerous rights to compensation where the actions of public bodies impinge on the use or development of land, for example: for the effect of a public project even where no land has been taken, for revocation and modification of planning permissions, for restrictions imposed on mineral planning permissions, for works carried out for highways, for water supply, for land drainage or for pollution control, for flooding and the construction of flood defences.  Examples of cases in which Members of FTB have been involved include Moto v. Secretary of State for Transport and Welford v EDF Energy Networks (LPN) Ltd.

No

FTB members that practise in Compulsory Purchase and Compensation

Queen's Counsel

Year of call:
1981
QC:
2003
Year of call:
1968
QC:
1987
Year of call:
1969
QC:
1989
Year of call:
1973
QC:
2003
Year of call:
1982
QC:
2003
Year of call:
1984
QC:
2006
Year of call:
1983
QC:
2008
Year of call:
1984
QC:
2009
Year of call:
1987
QC:
2009
Year of call:
1987
QC:
2010
Year of call:
1992
QC:
2010
Gregory Jones QC
Year of call:
1991
QC:
2011
Year of call:
1986
QC:
2012
Year of call:
1996
QC:
2014
Year of call:
2000
QC:
2014
Year of call:
1993
QC:
2015
Year of call:
1997
QC:
2015
Year of call:
2000
QC:
2016

Juniors

Year of call:
1975
Year of call:
1980
Year of call:
1986
Year of call:
2001
Year of call:
2001
Year of call:
2002
Year of call:
2003
Year of call:
2005
Year of call:
2007
Year of call:
2008
Year of call:
2008
Year of call:
2008
Year of call:
2008
Year of call:
2009
Year of call:
2010
Year of call:
2011
Year of call:
2012
Caroline Daly
Year of call:
2013
Year of call:
2013
Year of call:
2014
Year of call:
2014
Merrow Golden
Year of call:
2014

Associate Members

Year of call:
1977
QC:
1995