Rating: Law and Practice 2023
Applying Case Law to Practice
Best rating practice cannot be achieved without understanding case law. This event enables leading lawyers and rating advisors, along with senior VOA contributors to come together to review key cases in the context of current practice. The event will be chaired by, Upper Tribunal Judge Elizabeth Cooke. Together they 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 | |
|---|---|---|---|
| 22 March 2023 | Virtual Seminar |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
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Rating: Law and Practice is now an established and successful annual feature in the rating diary. It goes to the core of what rating is about: the impact of case law in rating work is profound and dictates how you practise. 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 we work. This event provides commentary from the lawyers, from the VOA and private practice who have identified 5 core areas of rating practice. They will explore the extent and limits of how they impact on rating practice and the audience will be encouraged to join the unfolding debates.
The formula is a simple, they take a landmark case or an area of practice that is topical and/or contentious. The cases are then summarised by the speakers who are together for the day, to enable a lively debate for you to watch, addressing the issues that will determine the rights and wrongs of assessments and valuations, pinpointing the questions that drive rateability and valuation.
Speakers
- Judge Elizabeth Cooke, Judge of the Upper Tribunal (Lands Chamber)
- Roger Cohen, Consultant, DMH Stallard, Honorary Member of The Rating Surveyors' Association
- Admas Habteslasie, Barrister, Landmark Chambers
- Josh Myerson FRICS Dip Rating IRRV (Hons), Head of Advisory, Montagu Evans LLP; Chair of the Rating Diploma Holders' Section of the RICS
- Mandy Franklin MRICS Dip.Rating, Technical Advisor, Valuation Office Agency
- Mark Westmoreland Smith, Barrister, Francis Taylor Building
- Wayne Cox FRICS Dip Rating, Head of Leisure and Licensed Property, Valuation Office Agency
- Colin Hunter, Divisional Director - Rating, CHExpertise Ltd
- Stuart Hicks BSc (Hons) FRICS Dip Rating IRRV (Hons), Head of Rating; Past Chair of the RICS Rating Diploma Holders’ Section, Dunlop Heywood
- Hui Ling McCarthy KC, Barrister, 11 New Square
- Phil Black IRRV (Hons), Assistant Director, Financial Shared Services, City of London Corporation
- James Feltham BSc MRICS, Technical Adviser - Litigation and Technical Policy Team, Chief Valuer Group, Valuation Office Agency
- Heather King MRICS Dip Rating, Technical Advisor, Valuation Office Agency
- Edward Gardner, Associate, Bryan Cave Leighton Paisner LLP
- Nicola Johnson BSc (Hons) MRICS, National Valuation Lead, Valuation Office Agency
- Sarah Sackman, Barrister, Matrix Chambers
- Blake Penfold BSc FRICS MCIArb, Business Rates Consultant, Blake Penfold Consultancy
- Dan Kolinsky KC, Barrister, Landmark Chambers
- Michael Pearce, Head of Litigation & Technical Policy, Property Professional Services, Chief Valuer Group, Valuation Office Agency
- Tim Johnson BSc (Hons) MRICS, Senior Director, CBRE; Past President, The Rating Surveyors' Association
Programme
Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke
PICO and Covid Appeals
A session considering appeals made under special statutory provisions, whether relating to the ability to make a proposal (PICO appeals) or a statutory provision relating to valuation (COVID appeals).
Stormhill Properties Ltd v Roberts (VO) [2022] UKUT 00109 (LC)
- PICO appeal - whether proposal served in time
Appeal of Bower (VO) [2022] UKUT 0262 (LC)
- PICO appeal and scope of proposal
Vistra International Expansion Ltd and others v Bunyan (VO) [2022]
- VTE determination of COVID MCC appeals
Valuation Methodology and Receipts and Expenditure Valuations
Considering the choice of valuation methodology and the approach to valuations based on receipts or receipts and expenditure.
BNPPDS Ltd & BNPPDS Ltd (Jersey) v Ricketts (VO) [2022] UKUT 0129 (LC)
- Shortened R&E
- Tenant’s share
- MCC impact
Allen (VO) v Tyne & Wear Archives and Museums [2022] UKUT 0206 (LC)
- Effect of socio-economic benefits on valuation
Fryer v Cox (VO) [2022] UKUT 0229 (LC)
- Tenant’s share
Arma Hotels Limited v Bunyan (VO) [2023] UKUT 0003 (LC)
- Valuation of an independent hotel
Unit of Assessment and Domestic Borderline
The application of the Supreme Court’s decisions in Mazars and in Cardtronics to a wide range of different factual circumstances. Perhaps also considering the serviced office environment.
FC Brown Steel Equipment Ltd v Hopkins (VO) [2022] UKUT 51(LC)
- One hereditament or two - tests to consider
Ludgate House Ltd v Ricketts (VO) and LB Southwark [2023] UKUT 0036 (LC)
- Property guardians – composite or non-domestic?
The Propane Co. v Bunyan (VO) [2022] UKUT 0237 (LC)
- Appurtenant to a dwelling or separate non-domestic hereditament?
Nelson Plant Hire Ltd v Bunyan (VO) [2022] UKUT 0309 (LC)
- Unit of assessment - paramountcy
Valuation
A session considering cases where the approach to valuation evidence was a key issue, and reviewing the conclusions for valuers.
Ballcroft Estates Ltd v Virk (VO) [2022] UKUT 0153 (LC)
- Valuation of former M&S store
Simon Earle Racing Ltd v Virk (VO) [2022] UKUT 0311 (LC)
- Valuation of racing stables
Nelson Plant Hire Ltd v Bunyan (VO) [2022] UKUT 0309 (LC)
- Valuation of premises in different uses
Bunyan (VO) v Acenden Ltd [2023] UKUT 0017 (LC)
- Valuation of tenant’s fitout in offices
SSE plc v Moore (VO) [2023] UKUT 0024 (LC)
- Valuation of mothballed power station
End of 2017 List and Transition to 2023 List
A session considering time limits and actions at the end of the 2017 rating lists and the transition to new arrangements for the 2023 rating lists.
The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations (2022) SI 2022 No 1198
- What do the regulations say?
- Implications for valuers
Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023
- What changes are taking place in Wales
- Implications for the VOA and for private practitioners