Will guardian schemes survive the Court of Appeal’s decision in Ludgate House? – Hardwicke Chambers

Posted November 18th, 2020 in appeals, chambers articles, guardianship, local government, news, rates by sally

‘Richard Clayton QC of Kings Chambers and Exchequer Chambers, and Faisel Sadiq discuss the upcoming appeal in Ludgate House Ltd v Ricketts (VO), in which they are instructed to represent the appellant (London Borough of Southwark), and how it is likely to play a significant role in the future of property guardian schemes.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Judge rules challenge to business rates liability orders “totally without merit” – Local Government Lawyer

Posted November 6th, 2020 in Administrative Court, appeals, bankruptcy, local government, news, rates by tracey

‘The Administrative Court has thrown out a challenge to business rates liability orders as being “totally without merit”, and has imposed an extended civil restraint order to limit future litigation by the complainant.’

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Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

SONIA and the ‘Tough Legacy’ of LIBOR – Henderson Chambers

‘At the end of 2021 the London Interbank Offered Rate (LIBOR) will be discontinued. In its place the Financial Conduct Authority is proposing a different rate to become the market standard, the Sterling Overnight Index Average (SONIA). What is the impact of LIBOR’s discontinuance on regulated credit agreements? How might regulated lenders approach a transfer to SONIA? Will the Government legislate to assist with the change?’

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Henderson Chambers, 7th October 2020

Source: www.hendersonchambers.co.uk

Case Comment: Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21 – UKSC Blog

Posted June 5th, 2020 in appeals, news, rates, Supreme Court, valuation by sally

‘In this case comment, Marcus Barclay, Will Charnock and Siani McNamara, who work in the real estate disputes team at CMS, comment on the decision handed down by the UK Supreme Court on 20 May 2020 in the matter of Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21, which concerns business rates liability for ATMs in retail stores.’

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UKSC Blog, 5th June 2020

Source: ukscblog.com

Business rates relief: an empty promise? – Falcon Chambers

Posted June 4th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rates by sally

‘Even before the current Covid-19 outbreak, non-domestic rates were a critical concern for landlords and tenants of business premises alike. This crisis, and subsequent lockdown, has provoked even closer focus on the issue, and led to some major changes to the rates regime.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

New Judgment: Cardtronics UK Ltd & Ors v Skyes & Ors (Valuation Officers) – UKSC Blog

Posted May 27th, 2020 in banking, news, rates, Supreme Court by sally

‘These appeals concern the treatment for rating purposes of ATMs situated in supermarkets or shops owned and operated by the retailers. The issues raised by the case were whether the sites of the ATMS are to be properly identified as separate hereditaments from the stores and if so who was in rateable occupation of the separate hereditaments. Hereditament is defined in the General Rate Act 1967, s 115 (1) as “property which is or may become liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item on the valuation list”.’

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UKSC Blog, 26th May 2020

Source: ukscblog.com

Cash machines in supermarkets not separate hereditaments for rating purposes: Supreme Court – Local Government Lawyer

Posted May 26th, 2020 in appeals, local government, news, rates, Supreme Court, valuation by sally

‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Judge dismisses bid to restrain presentation by councils of winding-up petitions over unpaid business rates – Local Government Lawyer

Posted April 30th, 2020 in local government, news, rates, restraint orders, winding up by sally

‘The High Court has thrown out a case against two councils brought by the director of a company already subject to a general civil restraint order and who made a “bizarre” suggestion to a judge.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Company wins High Court battle over business rates and subletting – Local Government Lawyer

Posted March 30th, 2020 in appeals, local government, news, rates by sally

‘A company was not liable for business rates on a building it does not wholly occupy, the High Court has found.’

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Local Government Lawyer, 27th March 2020

Source: www.localgovernmentlawyer.co.uk

Legal aid lawyers call for government support over Covid-19 – Legal Futures

Posted March 17th, 2020 in coronavirus, law firms, legal aid, news, rates by sally

‘Criminal defence solicitors have called for expedited legal aid payments and an extension of the business rate holiday to law firms with contracts to combat the impact of Covid-19.’

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Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Onus of Proof in Business Rates Complaints – 33 Bedford Row

Posted February 21st, 2020 in burden of proof, chambers articles, complaints, local government, news, rates by sally

‘Where a Local Authority (the ‘Billing Authority) applies by way of complaint to the Magistrates Court for a liability order against an alleged ratepayer, for allegedly due but unpaid, national non-domestic rates (‘Business Rates’), the Magistrates Court will issue a summons requiring the alleged ratepayer to attend the Magistrates Court to answer the complaint (the ‘Complaint’).’

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33 Bedford Row, 16th February 2020

Source: www.33bedfordrow.co.uk

Wellbeing and cost of practice worrying barristers – Legal Futures

Posted January 22nd, 2020 in barristers, mental health, news, rates, rent, standards, statistics by sally

‘Experienced barristers are largely confident for their own futures but face challenges around wellbeing, the rising cost of doing business and the late payment of fees, a major survey has found.’

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Legal Futures, 20th January 2020

Source: www.legalfutures.co.uk

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates – Local Govenment Lawyer

Posted December 16th, 2019 in charities, hospitals, local government, news, rates by tracey

‘A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.’

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Local Govenment Lawyer, 12th December 2019

Source: www.localgovernmentlawyer.co.uk

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

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Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by tracey

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

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Nearly Legal, 1st December 2019

Source: nearlylegal.co.uk

Libor rigging inquiry shut down by Serious Fraud Office – BBC News

‘An investigation into the rigging of Libor, the benchmark interest rate that tracks the cost of borrowing cash, has been unexpectedly closed.’

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BBC News, 19th October 2019

Source: www.bbc.co.uk

Rent payments, unless orders and relief from sanction – Nearly Legal

Posted October 21st, 2019 in appeals, landlord & tenant, news, rates, rent, sanctions by sally

‘This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting.’

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Nearly Legal, 16th October 2019

Source: nearlylegal.co.uk

Court of Appeal blow for councils over business rates and empty properties – Local Government Lawyer

Posted March 14th, 2019 in leases, local government, news, rates by tracey

‘Councils may be left unable to claim some £10m in business rates after Rossendale Borough Council lost a test case in the Court of Appeal over empty properties.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

New Judgment: UKI (Kingsway) Ltd v Westminster City Council & Anor [2018] UKSC 67 – UKSC Blog

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.’

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UKSC Blog, 17th December 2018

Source: ukscblog.com