Part I Determination of Questions of Disputed Compensation
1F1Upper Tribunal to assess compensation in respect of land compulsorily acquired.
Where by or under any statute (whether passed before or after the passing of this Act) land is authorised to be acquired compulsorily, any question of disputed compensation and, where any part of the land to be acquired is subject to a lease which comprises land not acquired, any question as to the apportionment of the rent payable under the lease, shall be referred to the F2Upper Tribunal and shall be determined by the Tribunal in accordance with the following provisions of this Act.
F32 Procedures on references under s. 1.
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F43 Consolidation of proceedings on claims in respect of several interests in the same land.
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4 Costs.
F5A1
In any proceedings on a question referred to the Upper Tribunal under section 1 of this Act—
(a)
the following subsections apply in addition to section 29 of the Tribunals, Courts and Enforcement Act 2007 (costs or expenses) and provisions in Tribunal Procedure Rules relating to costs; and
(b)
to the extent that the following subsections conflict with that section or those provisions, that section or those provisions do not apply.
(1)
Where either—
(a)
the acquiring authority have made an unconditional offer in writing of any sum as compensation to any claimant and the sum awarded by the F6Upper Tribunal to that claimant does not exceed the sum offered; or
(b)
the F6Upper Tribunal is satisfied that a claimant has failed to deliver to the acquiring authority, in time to enable them to make a proper offer, a notice in writing of the amount claimed by him, containing the particulars mentioned in subsection (2) of this section;
the F6Upper Tribunal shall, unless for special reasons it thinks proper not to do so, order the claimant to bear his own costs and to pay the costs of the acquiring authority so far as they were incurred after the offer was made or, as the case may be, after the time when in the opinion of the F6Upper Tribunal the notice should have been delivered.
(2)
The notice mentioned in subsection (1) of this section must state the exact nature of the interest in respect of which compensation is claimed, and give details of the compensation claimed, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated.
(3)
Where a claimant has delivered a notice as required by paragraph (b) of subsection (1) of this section and has made an unconditional offer in writing to accept any sum as compensation, then, if the sum awarded to him by the F7Upper Tribunal is equal to or exceeds that sum, the F7Upper Tribunal shall, unless for special reasons it thinks proper not to do so, order the acquiring authority to bear their own costs and pay the costs of the claimant so far as they were incurred after his offer was made.
(4)
The F8Upper Tribunal may in any case disallow the cost of counsel.
(5)
Where the F9Upper Tribunal orders the claimant to pay the costs, or any part of the costs, of the acquiring authority, the acquiring authority may deduct the amount so payable by the claimant from the amount of the compensation payable to him.
F10(6)
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