Q&As

Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence? Should document exchanges between parties be marked without prejudice or is there no need for this?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on: 29 May 2020
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Disclosure 'rules' vary by legal jurisdiction. In relation to compulsory purchase orders, the principal jurisdictions will be the Planning Inspectorate (inquiries and examinations into proposed orders), the Upper Tribunal (Lands Chamber) (UTLC) (references in relation to compulsory purchase compensation claims), and the Planning Court (statutory challenges to a Secretary of State’s decision on an order).

The Compulsory Purchase (Inquiries Procedure) Rules 2007 (CP(IP)R 2007), SI 2007/3617 include rules on disclosure. CP(IP)R 2007, SI 2007/3617, r 7(2) requires acquiring authorities (AAs) to send objectors their statement of case and, unless provided to objectors, to advise objectors where a copy may be inspected of every document which the AA intends to refer to or put in evidence at the inquiry. CP(IP)R 2007, SI 2007/3617, r 7(5) also provides that, where any person has submitted a statement of

Sarah Fitzpatrick
Sarah Fitzpatrick

Norton Rose Fulbright

Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.

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United Kingdom
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Key definition:
Disclosure rules definition
What does Disclosure rules mean?

The 'disclosure rules' under the financial services and markets act 2000 denote the rules that require certain persons to publish certain inside information related to particular financial instrument and on failure to publish such information the competent authority may, in accordance with disclosure rules, suspend trading in the financial instrument in question.

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