Is the Lands Tribunal demanding more persuasive evidence?

Compensation is payable following compulsory purchase of land and businesses

Major UK infrastructure projects require compensation for compulsory purchase of land and businesses

CPO Valuation: Compensation for business losses

I recently attended Francis Taylor Building’s annual compulsory purchase legal update seminar.  Richard Glover QC chaired the afternoon seminar and presented the session on CPO valuation and business extinguishment compensation, which was a philosophical but highly thought provoking look at the Lands Tribunal’s latest business loss compensation decision, a case in which I gave evidence.   

Filling in the evidential gaps

Intriguingly he started by describing recent research by Peter Carruthers (, a Professor of Philosophy, who concludes that judgments, decisions, intentions and goals are not tied to sensory experiences and never figure in working memory or become conscious. Professor Carruthers points out that we only ever recognise our decision-making from what does become conscious, such as visual imagery and the words we hear ourselves say in our heads.  As such, Carruthers concludes that conscious thought, judgment and volition are all illusions.

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Latest Lands Tribunal Decision on compulsory purchase compensation following business extinguishment

Compulsory Purchase Compensation – business losses

Charles Lazarevic was the Acquiring Authority’s expert at the Upper Tribunal hearing on the business loss compensation due on extinguishment of a waste transfer and skip hire business – Welcocks Skips Limited v Network Rail Infrastructure Limited [2019] UKUT 0162 (LC) ACQ/84/2017.

The case was heard over 6 days in January before Her Honour Judge Alice Robinson and Mr A J Trott FRICS.  The case involved extensive scrutiny of trade and financial data, with detailed examination of both forensic accountants and specialist waste industry experts.

In its 47-page Decision the Tribunal awarded compensation of £7,581,636 for the value of the business. The case is particularly interesting because of the size of the claim and the fact that compulsory purchase compensation cases rarely reach the Tribunal.  Charles will provide further commentary in due course.

Charles is one of the leading experts on compensation for business losses following compulsory purchase, having acted in cases involving land acquired for the 2012 London Olympics, Crossrail, Thameslink programme, various road schemes and many city centre regeneration projects.   

To learn more about our expertise in this area, click here.  Please contact us for a without commitment discussion at: [email protected] or click here.


4 August 2019