The Tribunal acts as arbitrator when the parties have contractually agreed to refer a dispute to it. Such disputes normally concern the valuation of land - most usually under agreements for the sale of land to authorities possessing compulsory purchase powers or the use of part of the land - although the jurisdiction of the Tribunal is not limited to such disputes. The agreement of the Tribunal to the reference is required. The Rules apply certain provisions of the Arbitration Act 1996 to references by consent.
Proceedings in the Tribunal are started by one of the parties sending to the Registrar a 'notice of reference' on the relevant form depending on which party is beginning the reference; Form Ref (Claimant) or Form Ref (Authority). The form must identify the other party or parties to the dispute, the nature of the dispute and the agreement pursuant to which the reference is made. A copy of the notice of reference will be sent to every other party. A person who is sent a notice of reference must within 1 month file and serve a response to the notice of reference using the appropriate 'response to a notice of reference' form.
If the person who makes a reference is a claimant, if possible, they must file a statement of case with their notice of reference. The authority when responding to the reference must file a statement of case with their response to the notice of reference. The authority must inform the Tribunal and claimant as soon as possible if they do not believe the claimant has provided a full statement of case so that the authority is unable to provide its statement of case. If the notice of reference is filed by an authority, the claimant must, if possible file a statement of case with their response to the reference.
Guidance about what must be contained in a statement of case is set out in the Practice Directions. If a claimant is unable to file their statement of case with the notice or response or if an authority is unable to file a statement of case with a response they must apply for an extension of time in which to file the statement of case and pay the necessary fee. Further information is provided on the forms.
A fee of £250 payable to the 'Tribunals Service' (not the Lands Chamber) must be paid on filing a reference. Other fees are payable during the course of proceedings.
Further information on the next steps, alternative procedures and the rules that apply is provided in the flowchart for references, the Rules, the Practice Directions and the Explanatory Leaflet.
|Form Ref (Authority) – Notice of Reference by an authority
Word version (110kb) PDF version (62kb)
|Form Ref (Claimant) – Notice of Reference by a claimant
Word version (115kb) PDF version (65kb)
|Form Ref Response (Authority) – Response by an authority
Word version (106kb) PDF version (57kb)
|Form Ref Response (Claimant) – Response by a claimant
Word version (109kb) PDF version (63kb)
|Compulsory Purchase and Land Compensation References Procedure Flowchart (191kb)|
Link to the Tribunals Service website