Promoting and enhancing best practice and technical expertise

Rating: Law and Practice 2026

Applying Case Law to Practice

Best practice in rating 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 Member, Mark Higgin. 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  
17 March 2026 CMS Cameron McKenna Nabarro Olswang LLP, London £250 BOOK

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

Event duration: In Person Only. Afternoon Event (4 hours CPD).
Registration from: 12.45. Event starts at: 13.10. Event finishes at: 17.30.

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

Programme

Welcome & Introduction from the Event Chair -  Mark Higgin


Valuation

A session considering cases where the approach to valuation evidence was a key issue, and reviewing the conclusions for valuers.


Owen v Bunyan (Valuation Officer) [2025] UKUT 42 (LC)

  • Effect of adverse topography, rights of way, and appurtenant use

Hitchings (VO) v Shoosmiths LLP & Mando Group Ltd [2025] UKUT 224 (LC)

  • How to assess value added by tenant’s fit-out when comparable evidence is weak

Moore (VO) (Appellant) and Hitchings (VO) (Appellant) [2025] UKUT 6 (LC)

  • Valuation of digital advertising rights on bus shelters

Robert Dyas Holdings Limited and Jo Moore (VO) [2025] UKUT 163 (LC)

  • A distribution warehouse in Hemel Hempstead. Rent on the subject property -v- tone

Exemptions - Agricultural

Agricultural exemption remains a contentious area. We will review how the latest case law developments impact practitioners and if they provide more clarity. 


Bunyan (VO) v Fridays Ltd [2025] EWCA Civ 666

  • What is an “agricultural buildings” under para. 3(a), “occupied together with” agricultural land, and “used solely in connection with agricultural operations on that or other agricultural land”
  • Whether three buildings used for egg packing and storage were exempt

Senova Limited v Sykes (VO) (2019) UKUT 0275 (LC)

  • Tenancy involving agricultural land and an offices/warehouse. When is it not exempt?

Wootton (E F Wootton & Sons) v Gill (VO) (2015) UKUT 0548 (LC)

  • Satisfying the agricultural exemption test, the Processing vs Storage test and whose produce
  • A retail warehouse that became vacant and was occupied by the owner/farmer to store hay bales, with neighbouring agricultural land

Puffin Produce Ltd v Formella-Osborne (VO)

  • Was property exempt under paragraph 3(a)?

Schroeder v Dyer (VO) [2025] UKUT 256 (LC)


British Wool v Mouland (VO)


Unit of Assessment

What on the face of things, is an easy definition, but it creates perennial challenges. The application of the Supreme Court’s decisions in Mazars and in Cardtronics may have been landmark decisions but the continuance of similar cases simply confirms it’s a ripe area for challenge.


List (VO) v Network Rail Infrastructure Ltd [2024] UKUT 351 (LC)

  • Whether advertising rights within/adjacent to stations are separate hereditaments or part of Network Rail’s central list – the designation/regulation for Network Rail hereditaments and whether advertising concessions are separable

Moore (VO) v CAROLINE BAILEY [2024] UKUT 304 (LC)

  • Hereditament classification v rateable occupation v paramount occupation

Owen v Bunyan (Valuation Officer) | [2025] UKUT 42 (LC)

  • Whether a farm/racing yard should be treated as a single hereditament or split

Empty Rates Liability

The Government’s Interim Report on Transforming Business Rates did not propose any changes to Empty Rates. Details on the next steps are likely to be included in the Autumn Budget on the 26th of November. We will review any measures introduced by the budget and assess their impact. In addition, there will be a discussion on case law developments. 


HMT Transforming Business Rates

  • Consultation involving General Anti Avoidance Regulations (England)
  • Interim Report (September 2025)
  • City of London v (1) 48th Street Holdings Limited and (2) Principled Offsite Logistics Limited
  • Intermittent Occupation – CoL have sought leave to appeal

Bridgeport Estates Ltd v Highland Council 2025 CSHO 69

Heptagon Portfolio Arborath Ltd v Angus Council 2025 CSOH 75

Dunston Dunfermine Nominees Ltd v Fife Council 2025 CSHO 76

  • Court of Sessions cases in Scotland relating to Anti-Avoidance Regulations
  • Cases involve Room for Faith Ltd seeking religious exemption

Mediation in Business Rating

At a time when the MoJ, Court systems and Judges are demanding parties in dispute and heading to the Courts actively consider mediation (or risk not recovering their costs) why is it never considered in rating disputes?  


  • Can bodies performing a statutory duty mediate or is that abdicating their responsibilities?
  • Is mediation just negotiation with an umpire or something completely different?
  • What type of disputes might it be suitable for?
  • Statutory duty to maintain the tone of the list – would negotiation undermine the tone?
  • In L&T case law, valuers usually have a margin of 10% +/-.  Are rating disputes any different?
  • Might programming and bulk class negotiations replace the need for mediation?