Promoting and enhancing best practice and technical expertise

Rating: Law and Practice 2021

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. This event will be presented as two, approximately two hour virtual sessions.

Start Date Venue Price  
16 February 2021 2 Virtual Seminars    

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

Event duration: Event Split into 2 Sessions (5 hours CPD).
Registration from: 09.55. Event starts at: 10.00. Event finishes at: 12.00 - 12.30. Each session will include a comfort break.

Rating: Law and Practice Full Package - book all 2 two hour seminars taking place on the following dates.

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 virtual 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 a property you can appeal. 

This event has identified 6 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 Tribunal Judge Cooke. They will then explore the extent and limits of how they impact on rating practice. 

Speakers

Programme

SESSION 1 - TUESDAY 16 FEBRUARY 2021

Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke


Process and Procedure

Lead: Richard Glover QC PanelRoger CohenKarl ListJosh Myerson MRICS Dip.Rating


Avison Young v Jackson (VO (2020) UKUT 0058 (LC)

  • Application of provisions to “reinstate” RV

Sykes (VO) v Great Bear Distribution Limited [2020] UKUT 0238 (LC)

  • No exercise of discretionary power where doing so would result in inaccuracy in the rating list

Stock Auto Breakers Ltd v Sykes (VO) (2020) UKUT 0052 (LC)

  • Admissibility of new evidence

Roberts (VO) v Backhouse Jones Ltd (2020) UKUT 0038 (LC)

  • When can assessments be merged under Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018?

St John’s Senior School v Jackson (VO) (2019) UKUT 0359 (LC)

  • Reinstatement of appeal “struck out” by the Valuation Tribunal for England

Senova Limited v Sykes (VO) (2019) UK UT 0275 (LC)

UT (LC) Practice Direction and RICS Professional Guidance (?)

  • Conditional fees for expert witnesses and witnesses of fact
  • Difference between these roles
  • Application of new Practice Directions from the Upper Tribunal (Lands Chamber)

RA 3 2020 (the Appeal of C & C Wall)

Whether a right of appeal lies to the Upper Tribunal against the VTE’s refusal of an application to review a decision – held, no right of appeal is available (Induna Stables).


Libra Textiles Limited t/a Boundary Mills Stores and Centric Assets Limited v Roberts (VO) and Alford (VO) [2020] UKUT 0237 (LC)

  • Proposals made following the coming into force of the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 were made out of time. 

Co-operative Group and Poundland Limited v Virk (VO) and Batelle Agrifood Limited v Sykes (VO) [2020] UKUT 286 (LC)

  • Proposals struck out as being an "abuse of process"

London Borough of Newham v RAD Phase 1 Type B Property Company No.1 Limited [2020] UKUT 0203 (LC)

  • VTE has no power to quash a Completion Notice but may determine new completion date


Rates Liability and Mitigation 

Lead: Richard Glover QC Panel: Andrew Hetherton MRICS IRRV (Hons) Cert EdRebecca Campbell


NHS Foundation Trust and others v Derby City Council and others (2019) EWHC 3436 (Ch)

  • Charitable rate relief

Application by the Insolvency Service re Ellis & Co of Stretford

  • Compulsory winding up of rates appeals business allowed by the Court

Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd and MB Vacant Property Solutions Ltd (2020) EWCA Civ 1017

  • Compulsory winding up of rates appeals business refused by the Court of Appeal

ATOS IT Services v Fylde Borough Council (2020) EWHC 0647 (QB)

  • Identification of the hereditament and liability for rates
  • What happens if the hereditament is not correctly identified?

Valuation 

Lead: Luke Wilcox PanelJosh Myerson MRICS Dip.Rating, Wayne Cox MRICS Dip.RatingPhil Spencer


Hughes (VO) v Exeter City Council (2020) UKUT 0087 (LC)

  • Method of valuation
  • Contractor’s Basis or Receipts & Expenditure
  • Alternative valuation approaches

Vtesse Networks Ltd v Gidman (VO) (2020) UKUT0013 (LC)

  • Method of valuation
  • Comparable evidence
  • Application of EU law

Facciolo v Costantin (2020) UKUT 0123 (LC)

  • Receipts and Expenditure valuation
  • Comparable assessments and “tone of the list” under CCA

SESSION 2 - FRIDAY 5 MARCH 2021

Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke


Rateability - Hereditaments and Unit of Assessment 

Lead: Dan Kolinsky QC Panel: Roger CohenJill Tuplin IRRV (Hons)Gill Levinson MRICSBlake Penfold BSc FRICS MCIArb


Chris Sykes and Others (VOs) v Cardtronics UK Limited and others UKSC 2018 0225

  • The fallout from the Supreme Court decision review
  • The wider application of the Supreme Court decision to other types of property
  • Consequences of the decision for 2010 List Appeals and for the 2017 Rating Lists

Roberts (VO) v Blackhouse Jones Ltd (2020) UKUT 0038 (LC)

  • Meaning of "space" in establishing contiguity 

London Borough of Southwark v Ludgate House Limited and Ricketts (VO) (2020) EWCA Civ 1637

  • Building owner retained "general control" over occupations by property guardians

MCC's - Affecting The Property and the Locality 

Lead: Hui Ling McCarthy QC Panel: Rebecca CampbellHeather King MRICS Dip.RatingBlake Penfold BSc FRICS MCIArb


Wigan Football Company Ltd v Cox (VO) (2019) UKUT 0389 (LC)

  • Changes to “state of the hereditament”; “mode or category of occupation”; “physically manifest” changes to the locality
  • Can “certainty” and “accuracy” be reconciled

Buzz Group Ltd v Salmon (VO) (2020) UKUT 0116 (LC)

  • Changes to the hereditament when valued on a Receipts and Expenditure basis
  • Application of a valuation scheme to changed circumstances

Applying MCC rules to Covid-19

  • What is the effect of the pandemic and the restrictions imposed as a result?
  • Can these be reflected in the rating list?

State of Repair and Tenant's Alterations

Lead: Luke Wilcox Panel: Edward GardnerBradley DaviesTim Johnson


Colour Weddings Ltd v Roberts (VO) (2019) UKUT 0385 (LC)

  • Premises undergoing works and incapable of beneficial occupation – effective date

Appeal of Jackson (VO) (2020) UKUT 0078 (LC)

  • Valuation of tenant’s alterations – factors to consider

Butterworth Laboratories Ltd and Berkshire & Buckinghamshire FA Limited v Smale (VO) (2019)

  • Valuation of tenant’s alterations – approach by the VTE

Meadowbank International Ltd v Allis (VO) [2020] UKUT 0321 (LC)

  • Proposals made to delete assessments dismissed because works had not commenced at the relevant date