Rating: Law and Practice 2021 - Session 2
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.
Module Duration: 2 hours 4 minutes
Recorded: 05/03/21
Price £75 + VAT Login to View or Register to Buy
Areas covered
Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke
Rateability - Hereditaments and Unit of Assessment
Lead: Dan Kolinsky QC Panel: Roger Cohen, Jill Tuplin IRRV (Hons), Gill Levinson MRICS, Blake 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 Campbell, Heather King MRICS Dip.Rating, Blake 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 Gardner, Bradley Davies, Tim 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
Speakers
- 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