2420. (c) Order Crossrail to pay all costs of the Petitioner.

  2421. (d) Order Crossrail to make whole Your Petitioner in respect of the acknowledged blight since 1990 throughout the payment of loss of income over the last 17 years.

  2422. (e) Order Crossrail to grant an interest in the overstation development in proportion to the land holding as it relates to the total land area utilised for the development which is what they are doing with the other large land owners, as you will no doubt be aware.

  2423. (f) Cause the Bill to be altered to include the above specific provisions to pay Your Petitioner the just sums due or the Bill be struck off.

  2424. (g) Any other order which your Lordships see fit.

  2425. CHAIRMAN: Mr Saunderson, you are saying we can step into the position of the Lands Tribunal, override statutory provisions of the Lands Tribunal in determining this sort of thing and impose our own solution but not without amending the Bill, is that right?

  2426. MR SAUNDERSON: I am suggesting that you hold Crossrail to the undertakings that they gave to the House of Commons.

  2427. CHAIRMAN: No, you are suggesting that we take the place of the Lands Tribunal in assessing compensation and awarding costs and make our own assessment when the date of payment should be and we do that by amending the Bill because we have not got powers otherwise to do it, is that right?

  2428. MR SAUNDERSON: Yes, I am suggesting that you consider amending the Bill in order to address the injustice which has been meted out over the last 17 years.

  2429. CHAIRMAN: Yes, I understand that but by means of substituting our powers for those of the Lands Tribunal to deal with this very thing?

  2430. MR SAUNDERSON: The matter of valuation, I understand where you are coming from, that you are saying the Lands Tribunal is geared up to deal with that. The matter of the date of the valuation is something that you are well able to make a provision on. I would ask that is something that you ought in some way to do. I am suggesting, and I understand the question is whether you order Crossrail to pay our surveyor's fees, I am suggesting you do. I do not know exactly how that is to be done but I am suggesting that the undertakings given to the House of Commons have not been met by Crossrail and my petition is that you order them, request them, preferably order them, to meet their undertakings.

  2431. CHAIRMAN: There would have to be a legal discussion about this and I will invite Ms Lieven in due course to say something.

  2432. MR SAUNDERSON: Could I just complete the documents, there are two or three more documents, just for completeness.

  2433. CHAIRMAN: Please do.

  2434. MR SAUNDERSON: On page seven you will see the issue of the fee, just for your record. In the second email, which was actually the first one, Richard Asher of Jones Lang writes to Kinney Green: "Thank you for your email. I am happy to let you have our latest appraisal and to meet with LUL to discuss their costs. However, before I proceed with either, I would be grateful if you could respond to the attached letter regarding fees."[11] Over the page he writes a letter, again to Nick Eden: "Further to our meeting on 19th December 2007, your subsequent offer to us to settle the claim ... At our meeting I raised the issue of our fees and whether your clients would be wiling to make an interim payment in respect of our fees. You will recall that your clients have previously accepted responsibility for payment of our fees and we have now been working on this project for almost 12 months. Therefore it would seem appropriate for your clients to agree to meet an interim account for our fees. I look forward to hearing from you ... " Kinney Green reply at the top of page seven at ten o'clock, immediately replying, "Dear Richard, Thank you for your email, and it's attached letter. I have previously raised this request with my client, and do not have their instructions to make an interim payment. I am letting them know that you have raised this again, but these are my instructions. I look forward to receiving your appraisal ... and arranging the LUL meeting."

  2435. I think it might be helpful, just finally, to refer you to the transcript which you will find in the middle of my papers on page 40 of the spiral binder. Mr Binley, one of the Members who sat through the parliamentary committee in the House of Commons, at 17315, says, and this is four paragraphs up from the end of the whole hearing—

  2436. LORD YOUNG OF NORWOOD GREEN: I am sorry, which page?

  2437. MR SAUNDERSON: Page 40.[12]

  2438. MS LIEVEN: The difficulty I have, my Lord, is we do not have this document.

  2439. MR SAUNDERSON: We have provided it to you already. Mr Walker had it on Monday morning.

12   House of Commons Select Committee on the Crossrail Bill, First Special Report Session 2006-07, Crossrail Bill, HC 235-V, paras 17315 (SCN-20080305-002) Back