Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

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Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

The New Electronic Communications Code clarified – Falcon Chambers

Posted July 5th, 2019 in codes of practice, contracts, news, telecommunications, valuation by sally

‘The Upper Tribunal has recently provided helpful clarification of the workings of several aspects of the new Electronic Communications Code (“the Code”) introduced by the Digital Economy Act 2017, which came into force on 28 December 2017.’

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Falcon Chambers, June 2019

Source: www.falcon-chambers.com

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

New evidence allows second valuation of works in adjudication dispute – OUT-LAW.com

Posted March 20th, 2019 in construction industry, contracts, jurisdiction, news, valuation by sally

‘A contractor has won a case in England over payment for work which was valued at nil by an adjudicator, after bringing new evidence to a later adjudication which the High Court said that the second adjudicator had jurisdiction to consider.’

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OUT-LAW.com, 19th March 2019

Source: www.out-law.com

The merits of and case for Land Value Taxation – OUP Blog

Posted December 18th, 2018 in news, sale of land, taxation, valuation by sally

‘The UK, especially London, has long experienced the kind of property boom that makes prices unaffordable. A recent Confederation of British Industry survey reported that this unaffordability is of great concern to employers. But these booms also mean that the owners of that land are accruing unearned gains which are not being efficiently or equitably taxed. The cost of building or repairing a house is almost the same whether it is in Knightsbridge or Knowsley – it is the land that makes the difference. The value of land comes from the uses to which it is put. The granting of planning permission, for example, increases the value of land, as does the addition of utilities.’

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OUP Blog, 18th December 2018

Source: blog.oup.com

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Property guardians and ‘non-domestic rates’ – Nearly legal

Posted September 21st, 2018 in landlord & tenant, news, rates, tribunals, valuation by tracey

‘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.’

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Nearly legal, 20th September 2018

Source: nearlylegal.co.uk

UK’s pensions regulator cracks down on scams with use of new powers – OUT-LAW.com

Posted August 22nd, 2018 in enforcement, fraud, news, pensions, proceeds of crime, valuation by sally

‘The UK’s Pensions Regulator (TPR) has begun to use a number of enforcement powers for the first time in efforts to deal with issues such as pension scams, scheme valuations and automatic enrolment.’

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OUT-LAW.com, 21st August 2018

Source: www.out-law.com

Advocate and expert – asking for trouble – Nearly Legal

Posted August 14th, 2018 in advocacy, expert witnesses, news, rates, surveyors, tribunals, valuation by sally

‘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.’

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Nearly Legal, 13th August 2018

Source: nearlylegal.co.uk

‘Grenfell’ cladding: couple could sue after £600,000 flat now worth £90,000 – The Guardian

Posted June 18th, 2018 in fire, health & safety, housing, mortgages, news, valuation by sally

‘A family who have seen the value of their London flat slashed from £600,000 to just £90,000 because of Grenfell-style cladding could sue a government agency that helped them buy their home.’

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The Guardian, 18th June 2018

Source: www.theguardian.com

Supreme Court backs Iceland in refrigeration rates appeal – OUT-LAW.com

Posted March 9th, 2018 in news, rates, Supreme Court, valuation by tracey

‘An air handling system used in connection with frozen foods retailer Iceland’s refrigerated storage is part of a ‘trade process’, and therefore exempt from business rates, the UK’s highest court has ruled.’

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OUT-LAW.com, 8th March 2018

Source: www.out-law.com

Law firm was negligent in property purchase but clients would have gone ahead anyway, court rules – Legal Futures

Posted February 23rd, 2018 in law firms, mortgages, negligence, news, valuation by tracey

‘A Kent law firm was negligent for failing to advise properly on a mortgage and valuation report (MVR), but this did not cause a couple in Canterbury to buy a house suffering from subsidence, a circuit judge has ruled.’

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Legal Futures, 23rd February 2018

Source: www.legalfutures.co.uk

Divorce: valuation of business assets and tracing hidden assets – the key facts – Family Law

Posted December 14th, 2017 in accountants, divorce, financial provision, news, valuation by sally

‘A forensic accountant has a number of functions. If they are the single joint expert (SJE) in the context of divorce proceedings, their job is usually going to be to value one or more of the parties’ business assets.’

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Family Law, 13th December 2017

Source: www.familylaw.co.uk

Tiuta International Limited (in liquidation) v De Villiers Surveyor s Limited [2017] UKSC 77 – Hailsham Chambers

Posted December 8th, 2017 in loans, negligence, news, Supreme Court, valuation by sally

‘The decision in Tiuta continues the series of recent Supreme Court decisions that make for essential reading among professional liability practitioners.’

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Hailsham Chambers, 29th November 2017

Source: www.hailshamchambers.com

Brexit & Developments in Valuer’s Liabilities – Hailsham Chambers

Posted November 22nd, 2017 in housing, international relations, news, referendums, stamp duty, taxation, valuation by sally

‘In the run up to the referendum the mood about the consequence of a leave vote was, from an economic point of view, pessimistic. ‘

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA) – Tanfield Chambers

‘On 29 June 2017 the Court of Appeal gave judgment on an interesting question of statutory construction concerning the valuation provisions in section 9 of the Leasehold Reform Act 1967 (“LRA67”) and the Interpretation Act 1978 (“the Interpretation Act”).’

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Tanfield Chambers, 29th June 2017

Source: www.tanfieldchambers.co.uk

High Court overturns dishonesty finding against solicitor due to “serious procedural irregularities” – Legal Futures

‘The High Court has overturned a finding of dishonesty made by the Solicitors Disciplinary Tribunal (SDT) against a prominent solicitor because the allegation was not tested during the hearing – which the court called a “serious procedural irregularity”.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

Regina v Sheffield Teaching Hospitals NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in birth, damages, law reports, pensions, personal injuries, valuation by sally

Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)

‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

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4 KBW, 30th March 2017

Source: www.4kbw.net