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ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) ACT 1919 - SECT 5

Provisions as to costs.

5.(1) Where the acquiring authority has made an unconditional offer in writing
of any sum as compensation to any claimant and the sum awarded by [the Lands
Tribunal] to that claimant does not exceed the sum offered, [the Lands
Tribunal] shall, unless for special reasons [it] thinks proper not to do so,
order the claimant to bear his own costs and to pay the costs of the acquiring
authority so far as such costs were incurred after the offer was made.

(2) If [the Lands Tribunal] is satisfied that a claimant has failed to deliver
to the acquiring authority a notice in writing of the amount claimed by him
giving sufficient particulars and in sufficient time to enable the acquiring
authority to make a proper offer, the foregoing provisions of this section
shall apply as if an unconditional offer had been made by the acquiring
authority at the time when in the opinion of [the Lands Tribunal] sufficient
particulars should have been furnished and the claimant had been awarded a sum
not exceeding the amount of such offer.

The notice of claim shall state the exact nature of the interest in respect of
which compensation is claimed, and give details of the compensation claimed,
distinguishing the amounts under separate heads and showing how the amount
claimed under each head is calculated, and when such a notice of claim has
been delivered the acquiring authority may, at any time within six weeks after
the delivery thereof, withdraw any notice to treat which has been served on
the claimant or on any other person interested in the land authorised to be
acquired, but shall be liable to pay compensation to any such claimant or
other person for any loss or expenses occasioned by the notice to treat having
been given to him and withdrawn, and the amount of such compensation shall, in
default of agreement, be determined by [the Lands Tribunal].

(3) Where a claimant has made an unconditional offer in writing to accept any
sum as compensation and has complied with the provisions of the last preceding
subsection, and the sum awarded is equal to or exceeds that sum, [the Lands
Tribunal] shall, unless for special reasons [it] thinks proper not to do so,
order the acquiring authority to bear their own costs and to pay the costs of
the claimant so far as such costs were incurred after the offer was made.

(4) ... [The Lands Tribunal] may in any case disallow the cost of counsel.

Subs.(5) rep. by 1964 c.29 (NI) s.21 sch.3

(6) Where [the Lands Tribunal] orders the claimant to pay the costs, or any
part of the costs, of the acquiring authority, the acquiring authority may
deduct the amount so payable by the claimant from the amount of the
compensation payable to him.

(7) Without prejudice to any other method of recovery, the amount of costs
ordered to be paid by a claimant, or such part thereof as is not covered by
such deduction as aforesaid shall be recoverable from him by the acquiring
authority summarily as a civil debt.

Subs.(8) rep. by 1964 c.29 (NI) s.21 sch.3

S.6 rep. by 1964 c.29 (NI) s.21 sch.3


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© 1919 Crown Copyright

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