‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
‘A company was not liable for business rates on a building it does not wholly occupy, the High Court has found.’
Local Government Lawyer, 27th March 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Legal Futures, 17th March 2020
Source: www.legalfutures.co.uk
‘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’).’
33 Bedford Row, 16th February 2020
Source: www.33bedfordrow.co.uk
‘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.’
Local Govenment Lawyer, 12th December 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 6th December 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 1st December 2019
Source: nearlylegal.co.uk
‘An investigation into the rigging of Libor, the benchmark interest rate that tracks the cost of borrowing cash, has been unexpectedly closed.’
BBC News, 19th October 2019
Source: www.bbc.co.uk
‘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.’
Nearly Legal, 16th October 2019
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 14th March 2019
Source: www.localgovernmentlawyer.co.uk
‘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.” ‘
Local Government Law, 9th January 2019
Source: local-government-law.11kbw.com
‘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.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘The Supreme Court has ruled in favour of Westminster City Council in a dispute over whether a completion notice in relation to a redevelopment was validly served on a ratepayer.’
Local Government Lawyer, December 2018
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court will next week (17 December) hand down its ruling in a case on the service of a completion notice by a billing authority.’
Local Government Lawyer, 12th December 2018
Source: www.localgovernmentlawyer.co.uk
‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’
Litigation Futures, 10th December 2018
Source: www.litigationfutures.com
‘The Supreme Court will next week hear a key case on the service of a completion notice by a billing authority.’
Local Government Lawyer, 29th October 2018
Source: www.localgovernmentlawyer.co.uk
‘This is an interesting decision of the Valuation Tribunal on the effect of the occupation by property guardians of a commercial building. Some (though not all) property guardian companies have made a sales feature of the alleged freedom from non-domestic (commercial) rates for a building occupied by guardians, on the basis that it is occupied for residential use. This Valuation Tribunal decision rather dents that position, as well as illustrating the complications that arise when you operate on the edges of landlord and tenant law.’
Nearly legal, 20th September 2018
Source: nearlylegal.co.uk
‘Non-domestic rating is not something we usually cover on this blog. It is, after all, not about housing. But the decision of the Upper Tribunal (Lands Chamber) in Gardiner & Theobold LLP v Jackson (Valuation Officer) [2018] UKUT 253 (LC) goes much wider.’
Nearly Legal, 13th August 2018
Source: nearlylegal.co.uk
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