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Draft directions for a compensation reference

Document Cited authorities 1 Cited in Related
Published date21 March 2018
  1. [case number]

THE UPPER TRIBUNAL (LANDS CHAMBER)

1.1 TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

A NOTICE OF REFERENCE UNDER [statute]

BETWEEN

[AB]

Claimant

and

[CD]

Respondent

The Tribunal has considered the parties’ statements of case [and the draft directions agreed between them]

AND ORDERS:

  1. The reference is allocated to the Tribunal’s standard procedure
  2. By [three weeks] the parties must provide their dates to avoid for a hearing of the reference in the period of three months beginning on [not earlier than 2 months after para 9] with a provisional time estimate of […] days.[i]
  3. [If directions for disclosure of documents by one or more parties are required they should be included here; see section 6 of the Tribunal’s Practice Directions]
  4. By not later than [two months][ii] the parties must file and exchange the statements of any witnesses of fact on whose evidence they wish to rely. Each witness statement must include the words “I believe that the facts stated in this witness statement are true” and must be signed by the person making the statement.
  5. The parties each have permission to rely on the evidence of up to two expert witnesses in the disciplines of [valuation] [and …].[iii]
  6. The parties’ experts shall meet and communicate with each other on a without prejudice basis sufficiently often so that, by not later than [one month after exchange of evidence of fact], they shall have agreed:
  7. (a) a list of the issues on which each of them has been asked to provide their opinion
  8. (b) the relevant details of any property to be valued and the details of any comparable transactions on which either of them intends to rely; and
  9. (d) such other matters as they are able to agree at that stage
  10. The parties must file and exchange the reports of their expert witnesses by not later than [two months after 5]. The experts’ reports must comply with paragraphs 18.14 to 18.18 of the Tribunal’s Practice...

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