Key Issues

Budget Cost

Understanding the likely budget cost for a scheme is essential.  These costs can vary as a scheme develops, further information is ascertained and as the market changes.  Frequent review of the costs is highly recommended.  Research on potential claimants can allow a more accurate budget estimate to be formed and can prevent mistakes being made. The boundaries of a scheme can be adjusted to avoid a high compensation claim from a particular affected owner.  A public authority’s exposure can be mitigated by integrating the budgeting into the heart of the process and keeping it under constant review.

Is Your Scheme Viable

We have acted both on behalf of public authorities and claimants where the scheme that under pins the development is either unviable or challengeable.  Our knowledge in acting on both sides can help avoid errors and oversights being made in the justification process for using CPO powers.  Our advice can help inform the scheme that underpins the Order, the expert advice that is required to justify making the Order and the basis for making the scheme itself.

Claimant Dialogue

We frequently act for claimants where the public authority’s dialogue and communicated is poor and is the source of additional stress and misunderstanding from a claimant.  We know how to communicate with claimants and critically how to negotiate with them to achieve the required results.  A proactive approach to claimants can lead to claims being settled, properties acquired early and the maintenance of goodwill between the parties.

Extinguishment

Claimants can often claim significant compensation claims due to their business being extinguished by virtue of being unable to relocate.  On occasions these claims can be avoided by a proactive dialogue by the Authority assisting claimants in relocating and minimising the prospects of a claimant being able to claim that they have been unable to relocate.  The burden of proof to prove that a claimant has been unable to relocate is on the public authority – these cases often have to be conceded by the fact that the public authority have not engaged adequately with the claimant.

Dispute Resolution Strategy

We act for public authorities in resolving problematic compensation claims.  The strategy that underpins these cases needs to be correct to mitigate the quantum of the claim and to achieve settlement.  Our advice includes advice on timing of references, sealed offers, mediation, other forms of dispute resolution and tribunal proceedings themselves.  The importance of comprehensive evidence that is robust and supportable cannot be over emphasised.  This should be combined with retaining (wherever possible) good relationships with the claimant and their advisors to maximise the prospects of success.

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