header-logo header-logo

09 October 2014
Issue: 7625 / Categories: Legal News , Commercial
printer mail-detail

Aero Club business rate reversal

Upper Tribunal overturns President’s landmark decision

A landmark decision on business rates has been overturned by the Lands Chamber (Upper Tribunal). 

In the case, which involved West London Aero Club, the Valuation Tribunal had held that once it had given its decision on the rateable value, that value couldn’t be amended by a valuation officer (VO) even where the officer believes he is correcting an error (regarding the size of a hangar, in this case). The airfield relied on the principle of res judicata or issue estoppel to argue that the officer was not entitled to ignore or impugn the tribunal’s decision.

Ruling in the airfield’s favour, the Tribunal President, Graham Zellick QC considered that “to countenance the valuation officer’s argument would be subversive of the rule of law, an affront to justice, repugnant to the statutory framework”. On appeal, however, the Lands Chamber has reversed the President’s decision ( Valuation Office Agency v West London Aero Club [2014] UKUT 0291 (LC)). It held that res judicata did not apply and a valuation officer can alter a rating list when he becomes aware of a material change in circumstances because he is under a duty to maintain an accurate list. Giving his judgment, Martin Rodger QC said: “A mistake of fact made by the Valuation Tribunal need not be perpetuated.”

Richard Jones, a property consultant who advised the airfield, commented that the Upper Tribunal decision was based “purely on the legalities” of the VO’s actions and powers.

“It also took into account a previous Valuation Tribunal ruling and the impact of this on the VO’s ability to alter the 2005 rating list. However, no consideration was given to the correctness or otherwise of the confirmed overall rateable value in light of comparable properties, nor to any quantum value reduction in relation to the increased areas of the hangars,” he added.

Issue: 7625 / Categories: Legal News , Commercial
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll