The Lands 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 - 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 Form R identifying the other party or parties to the dispute, the nature of the dispute and the agreement pursuant to which the reference is made. A fee of £50 payable to the “Tribunals Service” must be paid on filing the reference. Other fees are payable during the course of proceedings. A copy of the notice of reference will be sent to every other party.
The claimant will normally be directed by the Registrar to file with the Tribunal and serve upon the acquiring or compensating authority a statement of case within 28 days setting out the full details of their claim. The authority will then have 28 days to file and serve a statement of reply to the claimant’s statement of case.
Further information on the next steps, alternative procedures and the rules that apply is provided in the flowchart for references, the Lands Tribunal Rules, the Interim Practice Directions and Guidance and the Explanatory Leaflet.