Promoting and enhancing best practice and technical expertise

Giving Rating Evidence in the Lands Chamber of the Upper Tribunal

If you are destined to give evidence, or take a rating case to Upper Tribunal, you need to know how best to collect and document evidence prior to appearing, and how best to present your case at it.

Start Date Venue Price  
14 April 2016 Bryan Cave Leighton Paisner LLP, London    

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Day Event (5 hours CPD) (Lunch Included).
Registration from: 09:30. Event starts at: 09:55. Event finishes at: 16:30.

‘For most surveyors the route to the UT is not a well-trodden path – find your way with CPT’ - Mark Higgin

“It’s your big day, and your client’s big day too. You will be the centre of attention. Nothing to angst over then; no need to over-prepare? Spend the day with us to find out.” - Roger Cohen

The Upper Tribunal (Lands Chamber) is an independent and specialist judicial body, equivalent to the High Court, but has its own rules, procedures and members who sit.

It generally hears Compulsory Purchase, Rating and Leasehold Enfranchisement disputes. This event will explain the procedures, preparations and tactics for appearing in the Upper Tribunal in relation to rating cases. The rules and procedures are very similar to those in civil court cases, so the programme will provide an equally effective and valuable understanding of giving evidence in such cases.

It is vital that experts appearing in the Lands Chamber are familiar with the rules, procedures, and the expectations from ‘their team'. Judges will expect anyone giving evidence to be able to distinguish between advocacy and expert evidence. Failure to do so could damage your case and could lead to being reported to your professional body for breaching the code of professional conduct on giving evidence.

Many rating practitioners are comfortable going to Valuation Tribunal, but the change of procedures. formality of the Upper Tribunal and the general unfamiliarity puts experts bringing a case at a disadvantage.

Tribunals simply follow the evidence and if your evidence and actions are not clear or unambiguous, then your case and client will suffer. Try explaining that to clients!

The event falls into two main parts; preparing for tribunal and how to run it at tribunal.

This is a must attend event if you are destined to give evidence, or take a case to court

Speakers

Programme

Negotiation – Tactics on collecting and preparing for litigation

  • Quality of evidence - how strong is your case?
  • How to document
  • Key negotiations and what to record
  • What are the client’s ambitions? Managing client expectations
  • The duties to the client. How do you tell your client that your position has been advocacy till now and that you have a compelling duty to the Court from now on and cannot defend the case and position any more?
  • Rating your opposition?
  • Have they a good case, in valuation, in legal terms, in other terms?
  • Who’s on their team?
  • When to involve your legal team?
  • The role of solicitors and barristers
  • Dealing with the lawyers. When a lawyers takes the brief, they can change the direction of a case and experts can be expected to modify their stance to reflect the tactics. Can this compromise you as an expert? Should you challenge the lawyers?
  • Direct access - Pros and cons
  • Bring forward a class action or test case
  • How to withdraw from the fight
  • When to throw in a Calderbank and sealed offers
  • Discussions with and without prejudice
  • When to refer a case; and how to lodge an appeal to the UT

Along the way: The decisions and fall out from the VT: The transition to UT

  • Who referred the case to UT: Different approaches on whether it was the ratepayer or the VOA
  • What happens if you are unpresented  at UT
  • What was useful from your previous attempts to settle?
  • Reviewing the statements and decision from VT
  • Do you now know your other side’s full hand?
  • Can you alter your statement of case?
  • Will your UT case be a repeat of the VT? Did you run a powder dry case at VT to expedite access to the UT?
  • Testing your case to destruction in cons
  • Justifying Quantum 

Inheriting a case that others have previously been instructed and participated in

  • Particular challenges when you are parachuted into a disputed case
  • Can you rely on the lawyers to brief you on their case?
  • Are the files complete?
  • Should you charge more?

Rules and guidance 

  • RICS expert witness practice statements
  • Liabilities of expert witnesses and professional indemnity issues
  • Changes to the rules of privilege
  • In some expert witness arenas, advisors are not allowed to become the expert. Could this be the next step in rating disputes?

Procedural issues to get to a hearing

  • Standard and simplified procedures
  • Relevant rules
  • Useful guidance
  • Time limits
  • What is the relevant law? Can the case go further?
  • What facts will need to be established?
  • Commencing proceedings and seeking leave
  • Pleadings
  • Case management and timetable
  • Preparation and service of statements and reports
  • Disclosure
  • Statement of agreed facts and issues
  • Bundles and skeletons
  • Sanctions for failure to comply

Session 1 - Being an expert witness – How to present and conduct yourself

  • Types of witnesses
  • Giving evidence in tribunal
  • Presenting to the tribunal
  • Useful tips
  • Can you defend your advocacy role without endangering your expert role?

Session 2 - Examination strategies –

  • What an advocate should, can, and can’t do?
  • How do advocates examine?
  • Know your own advocate and your opponent’s
  • The logic of the advocate

Session 3 – Challenging the witness: Cross examination -

  • Styles of cross-examination
  • Cross examination tactics
  • Questions from the tribunal
  • Practical examples

Snatching defeat from the jaws of victory – Panel session

The nightmare of costs – You may win the case but lose on costs

  • Calderbanks and sealed offers
  • Changes to costs in the LT regime
  • Settlements prior to the hearing