header-logo header-logo

Market evidence

10 October 2014 / Helen Sculthorpe
Issue: 7625 / Categories: Features , Property
printer mail-detail
sculthorpe

Helen Sculthorpe explains how the Upper Tribunal has put relativity & professional valuation in the spotlight

The decision of the Upper Tribunal (Lands Chamber) in the appeal of Kosta v The Trustees of the Phillimore Estate [2014] UK UT0 319(LC) ( Kosta ), which was handed down on 7 August 2014, has highlighted the field of professional valuation in the area of enfranchisement and will no doubt provoke some interesting debate.

In its detailed and highly technical decision, arising from a notice served by the appellant under the Leasehold Reform Act 1967 to acquire the freehold of a high value residential property in Kensington, the Upper Tribunal considered a new approach to the long standing problem of calculating relativity (explained below).

The background

The notice in question was served in October 2011 when the lease, granted on 16 March 1978 for a term of 86 years commencing on 25 December 1977, had 52.45 years remaining unexpired. The premium payable was to include an element of marriage value, being the uplift in value arising from

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll