Rating: Law and Practice 2021 - Virtual Seminars
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 can be booked as two individual virtual sessions.
|16 February 2021||Virtual Conference - Session 1|
|5 March 2021||Virtual Conference - Session 2|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
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.
- Judge Elizabeth Cooke, Judge of the Upper Tribunal (Lands Chamber)
- Dan Kolinsky QC, Barrister, Landmark Chambers
- Roger Cohen, Senior Counsel, Bryan Cave Leighton Paisner LLP
- Jill Tuplin IRRV (Hons) ACMI, National Valuation Lead, Valuation Office Agency
- Gill Levinson MRICS, National Valuation Lead, Valuation Office Agency
- Blake Penfold BSc FRICS MCIArb, Business Rates Consultant, Blake Penfold Consultancy
- Hui Ling McCarthy QC, Barrister, 11 New Square
- Rebecca Campbell, Partner - Real Estate Disputes, Bryan Cave Leighton Paisner LLP
- Heather King MRICS Dip.Rating, Technical Advisor, Valuation Office Agency
- Luke Wilcox, Barrister, Landmark Chambers
- Edward Gardner, Associate, Bryan Cave Leighton Paisner LLP
- Bradley Davies, Lead Technical Adviser, Valuation Office Agency
- Tim Johnson BSc (Hons) MRICS, Senior Director, CBRE, Vice President, The Rating Surveyors' Association
SESSION 2 - FRIDAY 5 MARCH 2021
Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke
Rateability - Hereditaments and Unit of Assessment
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
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
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)  UKUT 0321 (LC)
- Proposals made to delete assessments dismissed because works had not commenced at the relevant date