In 2018 Carter Jonas was appointed on behalf of Wakefield Council, to provide Part 1 compensation advice and negotiate settlements for all claims arising from the Wakefield Eastern Relief Road – a new 7.5km road intended to alleviate local traffic congestion and support the development of 2,500 new homes.

Under Part 1 of the Land Compensation Act 1973, claimants with a defined qualifying interest may submit a claim for compensation where diminution in a property’s value has occurred due to physical factors caused by specific public works – including new roads.

Over the 6-year claim period, more than 1,000 claims were submitted to the Council, with the total value of the claimed amounts surpassing £24m. Carter Jonas subsequently negotiated with claimants and seven appointed agents, settling almost 98% of the claims within the claim period, with the agreed compensation settlements totalling £3.4m – saving the Council a significant monetary sum. Cater Jonas also advised the council in regard to developer contributions towards the compensation and in regards to a block assessment of 394 properties owned by Wakefield District Housing.

With five of the unsettled claims being referred to the Upper Tribunal (Lands Chamber), Carter Jonas has been retained directly by the Council, to act as expert witness in Tribunal Proceedings, and to negotiate settlements in respect of the outstanding claims.

Martin Barnes, Wakefield Council’s Service Manager for Highways & Transportation said ‘the savings are the headline however, in order to achieve them, Carter Jonas has engaged with the council throughout the process, working collaboratively and professionally. As a result, there is an excellent working relationship in place that can form the basis for any future claims management for the two parties to confidently work together.’

This instruction demonstrates Carter Jonas’s ability to provide clients with specialist advice and claims management service in respect of statutory compensation.

Our experience includes acting for both scheme promoters and affected landowners and businesses, advising on all aspects of statutory compensation and compulsory purchase.