Rating: Law and Practice

Best rating practice cannot be achieved without understanding case law. This event is far more than a case law review. A panel of leading lawyers and practitioners will explore important and topical cases and impart the nuances of what is best and effective practice.

Start Date	Venue	Price
9 November 2015	London

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

Event duration: Day Event, (Lunch included) 6 CPD hours .
Registration from: 09.30. Event starts at: 09.55. Event finishes at: 17.00.

The impact of case law in rating work is profound and dictates how you practice. Its always valuable to hear about the cases, but the real value is understanding the impact and extent of those cases on the way you work.

This event has identified six core areas of rating practice. Leading lawyers and rating advisors, and along with senior VOA staff will review key cases that create precedent. They will then explore the extent and limits of how they impact on rating practice. And the audience will be encouraged to join the unfolding debates.

This event is so much more than a case law review. It goes to the very heart of whether you have a case to appeal.

Speakers

Blake Penfold BSc FRICS MCIArb, Business Rates Consultant, Blake Penfold Consultancy
Ian Charman FRICS FIRRV, Partner, Turner Morum LLP
Josh Myerson FRICS Dip.Rating IRRV (Hons), Head of Advisory, Montagu Evans LLP; Chair of the Rating Diploma Holders' Section of the RICS
John Harding, Litigation and Technical Policy Team, Chief Valuer Group, Valuation Office Agency
Michael Pearce, Head of Litigation & Technical Policy, Property Professional Services, Chief Valuer Group, Valuation Office Agency
Roger Cohen, Senior Counsel, BCLP.
Luke Wilcox, Barrister, Landmark Chambers
Cain Ormondroyd, Barrister, Francis Taylor Building
Peter Scrafton FIRRV, FCIArb, MRSA (Hon) Solicitor (Non-Practising), Principal, J P Scrafton, London

Programme

Identification of a Hereditament

Woolway v Mazars [2015] UKSC 53

Functional dependence
Can horizontal environmental and physical proximity be used to determine hereditament content on a vertical plane?

Completion Notices: When? Against Whom? Appeals

Reeves (VO) v Valuation Tribunal for England [2015] EWHC 973 (Admin)

Completion Notice case as to the correct interpretation of the regulations.

VOA Practice -v- the Law (or Administrative Convenience -v- Correctness)

Kendrick (VO) v Mayday Optical Co. Ltd [2013] UKUT 548 (LC)

Re the Appea of Pearce [2014] UKUT 291 (LC)

Deemed State of Repair

Newbigin (VO) v SJ&J Monk (a firm) [2015] EWCA Civ 78
Dawkins v Ash Bros & Heaton [1969] 2AC 366

The elephant in the room There will be a great deal to be discussed when this case is known to have been decided, finally. If the day of this event takes place before any Supreme Court judgment emerges, then there must still be great scope for debate.
Suggest – How to apply the Court of Appeal judgment
Changes to the VOA Rating Manual
Buildings under going works
Alterations and/or repairs

Does the "Transience" Ingredient of Rateable Occupation still exist?

Macro Properties Limited v Nuneaton & Bedworth Borough Council [2012] EWHC 2250
Sunderland City Council v Stirling Investment Properties LLP [2013] ECWH

Re the Appeal of Pavlou (VO) [2015] UKUT 102 (LC)

What does the 1988 Act say?
The quality of occupation by the hypothetical tenant
The concept of "transience" could relate to the intervals between rate bills or shorter periods.

Evidence, Tone of the List, and Devaluation Methodology

Carpetright Plc v Ray (VO) [2014] UKUT 45 (LC)
K Shoes v Hardy (VO) (1980)
Ford Motor Credit v Pilkington
GPS v Bird (VO)

Application of Lotus vDelta and Special eyes v Felgate with discussion on tone of the list, and also on devaluation methodologies
Of the relative evidential strengths of rental evidence as between open market letting someone, renewals, reviews by negotiation, expert and so on.

Topical Question and Answer Session