Compulsory Purchase and Compensation

Francis Taylor Building is widely regarded as the go-to set for compulsory purchase compensation and land valuation.

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.

Francis Taylor Building is widely regarded as the go-to set for compulsory purchase compensation and land valuation.  Both the Encyclopaedia of Compulsory Purchase and Compensation and the leading textbook The Law of Compulsory Purchase are edited by members of Chambers.
Members of chambers are instructed to advise and appear for acquiring authorities, land owners and statutory undertakers in all aspects of compulsory purchase, compensation and land valuation.

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 South Teeside Steel Works, HS2, Crossrail, the London Olympic Games 2012, Thameslink 2000, Wembley Stadium Link, Greenwich Peninsula, the Midland Metro system in Birmingham, the Channel Tunnel Rail Link.  

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, Margate Town Centre Regeneration Company Limited v. Secretary of State for Communities and Local Government, 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.

There may also be challenges relating to the exercise by local authorities of powers to acquire land by agreement and to appropriate it for planning purposes – e.g. R (Manydown) v Basingstoke & Deane BC.

Claims for compensation following compulsory purchase are normally adjudicated by the Upper Tribunal (Lands Chamber)  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 TfLClemdell v Dorset CC; Timec 1209 LLP v. Salford City Council; Leech Homes v. Northumberland CC.

Non tribunal cases in which members have been involved include  CAAD challenges such as Harringay Meat Traders v SSCLG & GLA,Rooff Ltd v London Development Agency and Curzon Park Ltd. & Others v. Secretary of State for Transport.

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.

06
Mar' 20
A259 Littlehampton Corridor CPO Confirmed by Secretary of State

The Secretary of State has confirmed the CPO for the A259 Littlehampton corridor road improvement scheme. The £25m scheme involves dualling a section of the A259 which runs through Littlehampton and surrounding areas on the south coast. The Inspector and Secretary of State agreed with West Sussex County Council, the acquiring authority, that the scheme was needed to improve journey times, reduce congestion and assist in realising development plan ambitions in terms of housing and employment growth for the area.

Read more
04
May' 21
HS2 - Claimants and Acquiring Authority Agree Settlement in Largest and Most Complicated Compensation Claim to be Brought Before the Tribunal

Following the compulsory purchase for HS2 of the four 1960s Seifert-designed office buildings adjacent to the entrance to Euston Station (now largely demolished), the reference to the Upper Tribunal (Lands Chamber) to determine the compensation (which was due to be heard in the Tribunal for six weeks in June with some 15 experts on each side) has been the subject of a settlement between the Claimants (Euston Estates Ltd and Balfe Ltd ) and the Acquiring Authority (Secretary of State for Transport) as a result of which the reference has been withdrawn.

Read more

"Offers considerable expertise in relation to compulsory purchase orders and compensation",

Chambers and Partners, 2023

"FTB are the top Planning and Compulsory Purchase set in London. From Senior Silks to Juniors they have tremendous strength in depth, so it is surprising that their top Juniors are not Silks already".

Legal 500, 2022

"The clerks at Francis Taylor Building are absolutely superb and very quick to get back to you." "The team is very agile and very commercial in terms of their approach and you can discuss things based on client needs." "Paul Coveney, senior clerk, is streets ahead of other clerks; he understands the work and is strategic in his thinking. The clerking is excellent."

Chambers and Partners, 2022

"First class service. Attentive and flexible."

Legal 500, 2022

"Viewed as an ‘academically strong and thorough' set, Francis Taylor Building is noted for being ‘very strong on CPO, infrastructure, and compensation cases’".

Legal 500, 2020
06
Mar' 20
A259 Littlehampton Corridor CPO Confirmed by Secretary of State

The Secretary of State has confirmed the CPO for the A259 Littlehampton corridor road improvement scheme. The £25m scheme involves dualling a section of the A259 which runs through Littlehampton and surrounding areas on the south coast. The Inspector and Secretary of State agreed with West Sussex County Council, the acquiring authority, that the scheme was needed to improve journey times, reduce congestion and assist in realising development plan ambitions in terms of housing and employment growth for the area.

Read more
04
May' 21
HS2 - Claimants and Acquiring Authority Agree Settlement in Largest and Most Complicated Compensation Claim to be Brought Before the Tribunal

Following the compulsory purchase for HS2 of the four 1960s Seifert-designed office buildings adjacent to the entrance to Euston Station (now largely demolished), the reference to the Upper Tribunal (Lands Chamber) to determine the compensation (which was due to be heard in the Tribunal for six weeks in June with some 15 experts on each side) has been the subject of a settlement between the Claimants (Euston Estates Ltd and Balfe Ltd ) and the Acquiring Authority (Secretary of State for Transport) as a result of which the reference has been withdrawn.

Read more

King's Counsel

Simon Bird KC

Call: 1987 | Silk: 2009

Robert McCracken KC

Call: 1973 | Silk: 2003

Andrew Tait KC

Call: 1981 | Silk: 2003

Michael Humphries KC

Call: 1982 | Silk: 2003

David Matthias KC

Call: 1980 | Silk: 2006

Morag Ellis KC

Call: 1984 | Silk: 2006

Craig Howell Williams KC

Call: 1983 | Silk: 2008

Richard Glover KC

Call: 1984 | Silk: 2009

Douglas Edwards KC

Call: 1992 | Silk: 2010

Gregory Jones KC

Call: 1991 | Silk: 2011

James Pereira KC

Call: 1996 | Silk: 2014

Saira Kabir Sheikh KC

Call: 2000 | Silk: 2014

Andrew Fraser-Urquhart KC

Call: 1993 | Silk: 2015

Hereward Phillpot KC

Call: 1997 | Silk: 2015

Alexander Booth KC

Call: 2000 | Silk: 2016

Richard Honey KC

Call: 2003 | Silk: 2021

Meyric Lewis KC

Call: 1986 | Silk: 2023

Mark Westmoreland Smith KC

Call: 2006 | Silk: 2024

Junior Counsel

Emyr Jones

Call: 1999

Cain Ormondroyd

Call: 2007

Annabel Graham Paul

Call: 2008

Hugh Flanagan

Call: 2008

Rebecca Clutten

Call: 2008

Ned Westaway

Call: 2009

Isabella Tafur

Call: 2009

David Graham

Call: 2010

Michael Fry

Call: 2011

George Mackenzie

Call: 2011

Alexander Greaves

Call: 2012

Caroline Daly

Call: 2013

Charles Streeten

Call: 2013

Charles Forrest

Call: 2014

Merrow Golden

Call: 2014

Horatio Waller

Call: 2014

Daisy Noble

Call: 2015

Charles Merrett

Call: 2016

Esther Drabkin-Reiter

Call: 2017

Conor Fegan

Call: 2018

Jonathan Welch

Call: 2019

Michael Rhimes

Call: 2019

Mark O’Brien O’Reilly

Call: 2021, 2023 (Ireland)

Stephanie Bruce-Smith

Call: 2021

Claire Nevin

Call: 2021