Compensation

T: 0161 518 8672

E: cp@roger-hannah.co.uk

 

The principles of compensation are governed by the compensation code, which is derived from statute, case law and established practice.

One of the main principles is that of ‘equivalence’, i.e. a claimant should be placed in no better or worse position (in financial terms) after the acquisition than they were prior to the acquisition.

What can be claimed will be determined by many different factors such as land use, development potential, whether it’s held for investment and many more.

A claimant does however have a duty to mitigate their loss and should act reasonably.

Compensation associated with compulsory purchase can be complex and often contentious. Our team can guide you through this process, provide specialist compensation advice and support, and ensure fair compensation is negotiated.

Compensation Entitlement

Typical claims often include the following main headings:

 

• Market Value:  Disregarding the compulsory purchase, i.e. a no scheme world.

 

• Loss Payments:  Payments in addition to market value, usually calculated as a percentage of market value.

 

• Disturbance (Business and Residential):  Costs incurred as a direct result of the scheme such as removal costs, and loss of profits.  ‘Business Disturbance’ can include claims for almost 40 different items from redundancy costs through to loss of profits.

 

• Costs of reinvestment:  Costs associated with acquiring a similar property to cover items such as stamp duty and any legal or other professional fees reasonably incurred.

 

• Professional fees:  Reasonable professional fees including surveyors, lawyers, and accountants, can also be recovered.

 

There can be many other claims, but these are the most common.

 

 

Key contacts

Simon Cook

BSc (Hons) MRICS Registered Valuer
  • Managing Director

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Angela Juszczyk

BA (Hons) MSC MRICS Registered Valuer
  • Director

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