Promoting and enhancing best practice and technical expertise

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. This module is the first of two sessions. 

Module Duration: 2 hours 4 minutes

Recorded: 05/03/21

Areas covered

Welcome & Introduction from the Event Chair - Judge Elizabeth Cooke

Rateability - Hereditaments and Unit of Assessment 

Lead: Dan Kolinsky QC Panel: Roger CohenJill Tuplin IRRV (Hons)Gill Levinson MRICSBlake 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 CampbellHeather King MRICS Dip.RatingBlake 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 GardnerBradley DaviesTim 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