COMPULSORY

PURCHASE ORDER

Losing land due to a compulsory purchase order can have a devastating impact on a business. In some circumstances, a business may be able to relocate operations fairly easily and without much disruption, but we often see cases where the impact is more severe, and the business suffers a significant loss of profits and/or loss of goodwill.

Where the business cannot relocate operations and has to close down, we can carry out a valuation of the business to help with a claim for loss of goodwill on extinguishment. If the business is able to relocate, the loss is usually less severe, but there may be losses due to the disruption, the need for a period of parallel running or the need to relocate to premises that do not have the advantages of the existing site. In other cases, the business may be impacted temporarily if land is only required for a finite period. Alison has many years’ experience of advising on such situations, and assessing losses in a range of circumstances.

Where instructed by a business impacted by a CPO, we will work closely with our client, his/her surveyors and other professional advisers, to provide a realistic assessment of the losses suffered.

We will advise on the information that needs to be provided to support the claim, and can prepare a report that can be used to help the business put forward its claim to the authority.

Where instructed by acquiring authorities, we can review claims submitted and identify the questions that should be asked, and the evidence that should be requested to support the claim.

Parties are often able to agree an acceptable level of compensation through negotiation. If not, mediation is a route that we have found can lead to an outcome acceptable to both parties and we have experience of supporting clients in such situations. If the claim proceeds to the Upper Tribunal, we can act as expert witness, prepare reports for use in Tribunal, and give evidence should that be required.