Harnek Singh Samra & Anor v Sandwell Metropolitan Borough Council

Facts

The claimants, Harnek Singh Samra and Karnail Singh Samra, owned land at 103 Barclay Road, Smethwick and the site between 103 and 109 Barclay Road, which Sandwell Metropolitan Borough Council compulsorily acquired in 2014. The claimants referred the question of compensation to the Upper Tribunal (Lands Chamber) in two references, and by a decision handed down on 27 February 2026 the Tribunal assessed the compensation due to them at £547,039. Before that assessment the parties had attempted to settle: the claimants offered on 21 October 2025 to accept compensation of £425,000 together with costs of £100,000 plus VAT, and the acquiring authority countered on 31 October 2025 with £250,000 and £21,242 in post-reference costs. Negotiations did not produce a settlement. On 13 March 2026 the claimants applied for their costs on the indemnity basis, contending both that the principle of equivalence required a full indemnity where land had been expropriated by the State, and that the acquiring authority had conducted the reference unreasonably and obstructively. The acquiring authority accepted that the claimants had won, 'but not overwhelmingly', and conceded liability for their costs before and after its counter offer, but argued that assessment should be on the standard basis. This decision, on written representations, determines the basis of assessment and a payment on account.