Promoting and enhancing best practice and technical expertise

Rating: Law and Practice 2019 - Applying Case Law to 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 review important and topical cases and explore the nuances of what is best and effective practice in the light of these decisions.

Start Date Venue Price  
21 November 2019 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 hrs CPD) (Lunch Included).
Registration from: 10.00. Event starts at: 10.30. Event finishes at: 16.05.

Download and print your full course brochure here

Rating: Law and Practice is now an established and success annual feature in the rating diary. It goes to the very soul of what rating is about: the impact of case law in rating work is profound and dictates how you practice. It is always valuable to hear about the cases, but the real value is in understanding the impact and significance of those cases on the way you work. This event provides commentary from the lawyers, from the VOA and private practice on key areas of rating practice and on the major cases impacting on it. 

The formula is a simple one. We take a landmark case or an area of practice that is topical and/or contentious. The cases are summarised, but then we have a debate between the practitioner, the VOA and the lawyer to extract the nuances out of the subject. 

This event is so much more than a case law review. It goes to the very heart of whether, based on existing case law, you have an assessment you can appeal.

This event has identified 7 core areas of rating practice. Leading lawyers and rating advisors, and along with senior VOA contributors will review key cases that create precedent, under the auspices of Peter McCrea. They will then explore the extent and limits of how they impact on rating practice, where the audience will be encouraged to join the unfolding debates.  

Speakers

Programme

Welcome & Introduction from the Event Chair - Peter McCrea


Rateability: Hereditaments


Cardtronics UK Limited and others v Chris Sykes and Others (VOs) (2018) EWCA Civ 2472

  • Consequences of the Government’s successful appeal to the Supreme Court
  • One or more than one hereditament?

Jackson (VO) v Canary Wharf Limited (2019) UKUT (LC) RA/33/2018

  • Alterations and strip out works
  • Valuation assumptions for properties undergoing works
  • Alterations to VOA rating Manual 

Ludgate House Limited v Andrew Ricketts (VO) and London Borough of Southwark (2019) RA/56/2018

  • Border between domestic and non-domestic hereditaments
  • Treatment of occupation by guardians
  • Valuation of composite hereditaments

London Borough of Tower Hamlets v Jackson (VO) and Others (2019) VTE 590025531922/053N10 etc.

  • "Advertising rights" at the top of buildings

Valuation


Telereal Trillium plc (Respondent) v Hewitt (VO) (Appellant) (2019) UKSC 23

  • The Supreme Court decision
  • When is a property obsolete?
  • Valuation of vacant properties
  • Comparison with earlier case law including Leda Properties
  • What are the consequences for valuation if a property is “obsolete” or “struck with sterility”

Royal Albert Memorial Museum Exeter

  • Valuation on Contractor’s Basis or Receipts and Expenditure
  • Consequences for other properties where there is no profit 

MCC’s.

Those Affecting the Property v Those Affecting the Locality

Appeal of Moore (VO) 2018 UKUT 0324 (LC)

Merlin Entertainments Group Limited v Cox (VO) (2018) UKUT 0406 (LC)

  • Outcomes of the Upper Tribunal hearings
  • What does “physically manifest” mean?
  • When changes can be “masked” by other factors
  • Is Brexit an MCC?

Cemex UK Operations Limited v O’Dwyer (VO) (2019) UKUT 0106 (LC)

  • Material day and AVD matters
  • Valuation approach to disabilities under Contractor’s Basis

Billing Authorities and Mitigation Schemes; What can billing authorities do?

UKI (Kingsway) Limited (Respondent) v Westminster City Council (Appellant) (2018) UKSC 67

  • Addressing of Notices
  • Delivery of documents
  • Implications for Billing Authorities and for Owners
  • How and when to challenge a Completion Notice

Rossendale Borough Council v Hurstwood Properties Limited (2019) EWCA Civ 364

  • Mitigation schemes
  • Beneficial occupation – what does it mean?
  • When are arrangements “a sham”?
  • Piercing the corporate veil
  • Structured insolvency arrangements – can they be applied to the hypothetical rating world?

London Borough of Tower Hamlets v Jackson (VO) and Others (2019) VTE 590025531922/053N10 etc.

  • Validity of Billing Authority proposals
  • Emergence of anti-avoidance legislation in Wales and Scotland – lessons for England from other jurisdictions

Process and Procedure

Scope and Validity of Proposals


Patel v Jackson (VO) (2018) UKUT 0420 (LC)

Imtekhab Alam v Stoyles (VO) (2018) UKUT 0266 (LC)

  • Proposal content
  • Grounds of proposal
  • What makes a proposal complete and effective?
  • Changes of interested parties
  • Implications for CCA process

Ramifications of Mazars

Rating (Properties in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

  • Last call for 2010 List proposals 31 Dec 2019 - the last hurrah.
  • Making and settlement of proposals – experiences to date
  • How will the 2010 and 2017 Rating Lists be amended
  • Problems and opportunities for ratepayers and practitioners
  • Interested parties

How to Behave

Giraffe Concepts Limited v Jackson (VO) (2018) UKUT 0344 (LC)

Go Outdoors Limited v Lacey (VO) (2019) UKUT 0051 (LC)

Senova Ltd v Sykes (VO) (2019) UKUT 027 (LC)

  • How the Tribunal expects parties to behave
  • What to do if your position changes

Post Gardiner & Theobald LLP v Jackson (VO) (2018) UKUT 0253 (LC) and

Liverpool Victoria Insurance Co Ltd v Zafar (2019) EWCA Civ 0392

  • RICS Professional Statement for Expert Witnesses
  • Importance of Standard Directions
  • Impact on practitioners
  • How the Upper Tribunal is reshaping procedure in its own jurisdiction and in the VTE
  • Implications for practitioners under CCA
  • UT practice directions being refreshed?