Compulsory Purchase Orders


CPOs are used by public bodies to force property owners to sell their property and are often used when land is needed for a regeneration project. 

They can also be used if properties are in a poor condition and pose a danger to the public or when the property is a listed building not being suitably cared for by the owner.
 
CPOs are also used where land is needed for a transport or infrastructure project. Recent examples of these include the Heathrow Expansion Project and the High Speed Two (HS2) railway. In the case of the Heathrow a Development Consent Order is being used which contains powers for the compulsory acquisition and temporary possession of land.

Compensation

Properties affected by CPOs are entitled to compensation. The general principle is that the owner should not be any worse off after the sale than they were before.  There is a Statutory Compensation Code that governs compensation for people affected by CPO.

There are occasions where people who are affected by CPOs are offered enhanced compensation offers. Enhanced compensation schemes can be time limited. The public body offering enhanced compensation often states that the compensation is only available if an agreement to sell is entered into by a specific date.

If an owner does not agree to sell, the public body will apply to the court for an order forcing the owner to sell the property.  This is the final step taken if an agreement has not been entered into.

We Can Help

At MW Solicitors our expert property lawyers can advise you if your property is affected.  Contact us if you have received any letters from a local authority about CPOs and you don’t understand what this means.
If you would like to talk to one of our specialist property solicitors call us on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

family

 

As part of National Grief Awareness Week, Personal Injury trainee solicitor Ian Iliopoulos comments on seeking financial security following the death of a loved one in an accident or as a result of a disease.


Ian Iliopoulos
Ian Iliopoulos
Trainee Solicitor

Losing a loved one is never easy. It can be even harder when they have died unexpectedly as a result of an accident and especially when they leave behind loved ones who are financially dependant on them.

If a person is involved in a fatal accident that was not their fault, their dependants can usually bring a claim against the party whose negligence caused the accident. A claim under the Fatal Accidents Act 1976 allows for dependents to bring claims for lost income, funeral expenses, and bereavement.

However, if a person suffers injuries as a result of their accident and then later dies as a result of those injuries they may still be entitled to compensation. Under the Law Reform (Miscellaneous Provisions) Act 1934 there are two main scenarios:

  1. A person has already started to bring a personal injury claim but dies before these are complete; or

  2. A person would have had the right to bring a personal injury claim had he not died.

    In both these cases, the estate of the deceased can bring, or continue to bring, a personal injury claim on their behalf. Therefore, their estate may be able to bring a claim to recover:

    1. General Damages

      These are damages for pain, suffering and loss of amenity

    2. Special Damages

      These are damages for past loss of earnings, cost of care, medical expenses, cost of equipment, travel expenses, etc.

Although any money recovered will never replace a lost family member, it may help those left behind during times of financial uncertainty.

This is a complex area of law and while there is some overlap between a claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, care must be take when deciding which route to pursue. Here at McMillan Williams, we have the expertise to guide you through this challenging process at what is undoubtedly a difficult time.

We Can Help

At MW we recognise the need to balance your grief with progressing the claim and have years of experience in advising bereaved families of their rights. Our Head of Department, Joanna Bailey, with years of experience in acting for bereaved families successfully acted for a bereaved family achieving an award approved by the High Court of £710,000.00 in 2013.  Small enough to care, big enough to make a difference.

If you would like to talk to us about your case, call us today on 020 3551 8500 or use our Contact Us page to arrange a callback at your convenience.

Heathrow Expansion

MW Solicitors are proud to be chosen as preferred solicitors for homeowners of properties being acquired as part of the Heathrow Expansion project. 

Why Choose MW Solicitors?

We were selected because of our highly rated and reviewed service, our proximity to the area and the variety of languages spoken by our Team.  We want to help those residents by offering high quality legal service and care and support through the somewhat stressful and emotional process.

We are briefed directly by Heathrow and fully appraised of the specific documentation used in the scheme.  Choosing MW Solicitors means you appoint a solicitor who has a complete understanding of what the Compulsory Purchase Order procedures require.  The Compulsory Purchase Order process is significantly different from the standard conveyancing process you can rest assured that our specialists are not going to complicate the process by a lack of experience in this specialised area. 

A Local Solicitor for Local People


Raavi Grewal
Raavi Grewal
Partner - Property Law

Our Heathrow Expansion Team is led by Partner and Solicitor, Raavi Grewal, who not only works locally but lives locally. 

Raavi is a highly rated solicitor with a caring, supportive approach who understands that this is an extremely emotive subject.   Local residents have strong views about selling their homes and indeed some have done all they can to fight against the runway being permitted.  Such residents need a Solicitor who understands their needs and who works tirelessly on their behalf to secure their future in their best interest. 

Our Team is dedicated to helping residents to navigate the Compulsory Purchase Order process without stress, without worry and with ease after what has been a difficult time for most. 

Raavi and the team based in our Ealing office offer a personal service to suit your needs.  We offer clients access to our secure online portal allowing busy clients to share documentation and updates outside office hours home visits and local “clinics” offering personal guidance and advice.

We Can Help

If you are affected by the Heathrow Expansion Project or are concerned about the prospect of being served with a compulsory purchase order. 

Contact Raavi and the team on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.

Bereavement Damages

 

As part of National Bereavement Awareness Week, Personal Injury specialist Ian Latimer comments on the unfairness of bereavement damages awarded following the death of a loved one in an accident or as a result of a disease.


Ian Latimer
Ian Latimer
Solicitor

Whilst no amount of money can compensate for the loss of a loved one, £12,980.00 can be claimed as bereavement damages for the normal grief reaction following a fatal accident.  This sum is in addition to any award for financial loss.

Under the Fatal Accident Act 1976, only a spouse or civil partner of the deceased or the parents of a child under the age of 18 can claim, and this sum is shared between all those eligible. Where the parents of a deceased child were unmarried at the time of the child’s birth, only the child’s mother is eligible for the award. This was somewhat of an outdated approach in 1976 let alone in the 21st century but remains the position.

Although the government has proposed that cohabiting partners should also be eligible it is subject to the claimant having lived with the deceased for at least 2 years as the deceased’s husband, wife or civil partner.

Parliament’s Human Rights Committee has suggested that eligibility should extend to ‘two people living together in an enduring relationship’  and that the requirement to have been living together for 2 years should be removed as it is not a fair indicator of a permanent and loyal relationship.

We agree and are of the view that the reforms should be far more radical and far-reaching so that as in Scotland other relatives are eligible, such as the child who loses a parent, the parent of an adult child, brothers and sisters, grandparents and so on.

Further as in Scotland where there have been awards of up to £80,000.00 the bereavement award should not be a fixed amount but should be assessed according to the circumstances of each case.

We Can Help

At MW we recognise the need to balance your grief with progressing the claim and have years of experience in advising bereaved families of their rights. Our Head of Department, Joanna Bailey, with years of experience in acting for bereaved families successfully acted for a bereaved family achieving an award approved by the High Court of £710,000.00 in 2013.  Small enough to care, big enough to make a difference.

If you would like to talk to us about your case, call us today on 020 3551 8500 or use our Contact Us page to arrange a callback.

National Grief Awareness Week

The week commencing 02/12/2019 is National Grief Awareness Week.


Joanna Bailey
Joanna Bailey
Partner - Head of Personal Injury

This aims to raise awareness of all aspects of grief and loss on a national scale. Given the attacks on London Bridge this last week, this event is sadly a timely reminder of its importance.

The week looks to offer access to a choice of tailored bereavement support to all those grieving in the UK and to those working with the bereaved and to ensure immediate access to support for all types of bereavement in local communities across the country. In addition, the week seeks to raise awareness of smaller front line organisations in the UK, and to give them a national platform to reach those in need in their local area.  For organisations that can help you please click on the link below:-

https://www.careforthefamily.org.uk/family-life/bereavement-support/supporting-bereaved-people/further-help

We Can Help

As solicitors with extensive experience in acting for the bereaved as the result of an accident on the road, at work, or in a public place we seek to help the public to better understand how a claim can be made and to support those grieving the loss of someone they love.   Big enough to care, small enough to make a difference.

If you would like to talk to us about your case, call us today on 020 3551 8500 or use our Contact Us page to arrange a callback.

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