Newbigin v S J & J Monk
What does the Supreme Court Decision mean to the rating and development industries?
There are occasions when a case has profound implications and the case of Newbigin v Monk is one such case. The case has passed from the Upper Tribunal (Lands Chamber), to the Court of Appeal; and the Supreme Court has now ended the saga with a win for the ratepayer. But is it back to the way it was? No! If you advise on rating, you really need to join us.
|13 July 2017||Berwin Leighton Paisner LLP, London|
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The event will be followed by a drinks reception to allow time for valuable networking
Until February 2015, when rateable premises were demolished or stripped out in readiness for redevelopment, no rates would be payable from demolition or stripped out. Rates would become payable again when the new premises were given a completion certificate.
In February 2015, The Court of Appeal  1 WLR 4817 decided in the case of Newbigin v Monk that premises are in repair when they are valued. This overturned years of valuation practice and the VOA’s rating manual. The consequence, business rates in full were due. The Supreme Court allowed the appeal, where the Rating Surveyors Association and British Property Federation acted as interveners, and restored the previous established practice of ascribing nominal values to property undergoing redevelopment. But are things back to normal? No.
Yet the decision has thrown up new dilemmas:
- What did the Supreme Court decide ?
- How did the Supreme Court come to its conclusions ?
- What does the decision mean for developers ?
- What are the implications for completion notices ?
- Where does rates mitigation feature?
- Roger Cohen, Partner, Co-Head of Real Estate Disputes, Berwin Leighton Paisner LLP
- Dan Kolinsky QC, Barrister, Landmark Chambers
- Luke Wilcox, Barrister, Landmark Chambers
- Andrew Hetherton MRICS IRRV (Hons) Cert Ed, Director, Andrew Hetherton Consulting Ltd, Chairman of the IRRV Valuers Association
- Ken Duguid, Partner, Business Rates, Allsop LLP
The 2017 Revaluation
- A brief on how we have got here
- The Supreme Court decision
- The ramifications for rating
- Structuring proposals and role of the rating advisor
- Wider implications for property ownership and development
- Panel Q&A