Rating: Law and Practice 2025
Applying Case Law to Practice
Best rating practice cannot be achieved without understanding case law. This in person 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 | |
|---|---|---|---|
| 11 March 2025 | Bryan Cave Leighton Paisner LLP, London | £225 | BOOK |
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 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 to enable a lively debate addressing the issues that will determine the rights and wrongs of assessments and valuations, pinpointing the questions that drive rateability and valuation.
Speakers Confirmed To Date
- Judge Elizabeth Cooke, Judge of the Upper Tribunal (Lands Chamber)
- Hui Ling McCarthy KC, Barrister, 11 New Square
- Josh Myerson FRICS Dip.Rating IRRV (Hons), Partner and Head of Rating, Montagu Evans LLP; Chair of the Rating Diploma Holders' Section of the RICS
- Heather King MRICS Dip.Rating, Technical Advisor, Valuation Office Agency
- James Feltham BSc MRICS, Technical Adviser - Litigation and Technical Policy Team, Chief Valuer Group, Valuation Office Agency
- Jessica Hopewell, Senior Associate, BCLP.
- Cain Ormondroyd, 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
- Richard New BA (Hons), Partner, Mills & Reeve LLP
- Bradley Davies, Lead Technical Adviser, Valuation Office Agency
- Charlie Wacher, Partner - Business Rates & Valuation, Newmark UK
- Luke Wilcox, Barrister, Landmark Chambers
- Tim Johnson BSc (Hons) MRICS, Senior Director, CBRE; Past President, The Rating Surveyors' Association
- Michael Pearce, Head of Litigation & Technical Policy, Property Professional Services, Chief Valuer Group, Valuation Office Agency
- Phil Black IRRV (Hons), Assistant Director, Financial Shared Services, City of London Corporation
Programme
Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke
Unit of Assessment
Before conducting any valuation, it is necessary to determine the correct unit of assessment. In most instances, it is straight forward to apply the principles established in Woolway (VO) v Mazars UKSC and the subsequent PICO legislation. Grey areas have however emerged over the extent of the ‘landlord control’ principle following the Cardtronics (ATM) and Ludgate House (property guardians) decisions. We will examine the latest case law developments.
Kevin Prosser KC (Jockey Fields) v Ricketts (VO) [2024] UKUT 264 (LC)
- Barristers’ Chambers assessed as a single hereditament – serviced offices…
Charles Wells Brewery and Pipeline (Marstons Brewery) v Bunyan (VO)
- Whether two assessments formed a single hereditament
Moore (VO) v Bailey LC-2023-387
- Unit of assessment racing yard and point to point yard, joint or separate occupation
Shynar Zhylzhaxynova and Jo Moore (VO) [2024] UKUT 204 (LC)
- Whether a warehouse and office occupied by two separate companies, albeit held under one lease, is one hereditament or two?
Network Rail 2024 UKUT 351
Leisure
Blackrock – the Putney Car park Case
- Tenants Share 50/50 – Is that the correct starting point?
Joe and Valerie Fryer v Cox (VO) [2022] – Apple Jacks
- Bench-Marking – Is it worth it’s salt!
- Business Rates – Taken from when?
York Maze Ltd v Cox (VO) [2023]
- Over-trading – How and where to reflect?
Charles Waters v Cox (VO) – Finkley Down Farm Park
- FMT risk – where should it be reflected.
- Directors' remuneration
- Hindsight – the “cheeky look”.
- Third party rights over the hereditament - are they relevant?
Council Tax Borderline
- What delineates whether hostels, self catering, holiday parks and student accommodation are Council Tax or NDR?
- What are the tests and thresholds that apply?
- What about offices being converted to residential?
Bridge Cottage, Monmouth
- Difficulties encountered at the CT/NDR borderline
Ford Mill Farm, Bideford v VO
- Changes in domestic use
Firsby Manor and Outbuilding v Moore (Listing Officer)
- Converted outbuilding and subsequent sale, whether Council Tax or NDR
Completion Notices
Completion Notices remain a contentious area, particularly in relation to the length of customary works required. Will more completion notices be issued following the amendment to the definition of a ‘building’ in the NDR Act 2023? Will the number of appeals increase?
MEC LONDON PROPERTY and City of London Corporation VTE 2024
- Did the notice allow sufficient time to complete the customary works?
- Are the real-world logistics of completing 16 floors simultaneously to be considered?
- Should each floor be treated as a separate hereditament?