“There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC).”
NearlyLegal, 29th July 2013
Source: www.nearlylegal.co.uk
Regina v Harvey [2013] EWCA Crim 1104; [2013] WLR (D) 268
“If a defendant obtained chattels as a result of his criminal conduct and used them over a substantial period, materially reducing their value before restoring them to their true owners, the court should not give credit for their residual value when making a confiscation order.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
“Where there were intermediate leases which subsisted between the freehold and the leases of the participating tenants and which were to be acquired by the nominee purchaser on the collective enfranchisement, and a single owner of those leases or of those leases and the freehold could realise development value by developing the property for use other than as a building containing separate flats, the hope of realising such development value had to be taken into account in fixing the price to be paid for the intermediate leases.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”
The Guardian, 19th June 2013
Source: www.guardian.co.uk
Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173
“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”
WLR Daily, 10th May 2013
Source: www.iclr.co.uk
“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”
Full story (PDF)
Zenith Chambers, 23rd April 2013
Source: www.zenithchambers.co.uk
Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362; [2013] WLR (D) 141
“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”
WLR Daily, 17th April 2013
Source: www.iclr.co.uk
“Randy Northrop is a Californian and a wanderer in spirit. He lives with his family aboard MY Cannis – see the pic. He got fed up of ‘living in a grotty council house in a rough area’ of Bristol, so bought and renovated this former Thames tug. And nice inside it sounds too – two open fireplaces, several flat screen TVs, a music room and grand piano.”
UK Human Rights Blog, 18th April 2013
Source: www.ukhumanrightsblog.com
Hunt v Hosking and ors [2013] EWHC 311 (Ch); [2013] WLR (D) 89
“When bringing an application under section 238 of the Insolvency Act 1986 there needed to be a transaction to which the company was a party and that involved mutuality. It did not extend to unilateral actions taken by somebody who had acted without authority.”
WLR Daily, 22nd February 2013
Source: www.iclr.co.uk
“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
In the backwash of this recession the Courts are revisiting territory familiar from previous recessions – claims against valuers and mortgagees exercising powers of sale.
Littleton Chambers, 4th February 2013
Source: www.littletonchambers.com
“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”
Full story (PDF)
Tanfield Chambers, 8th January 2013
Source: www.tanfieldchambers.co.uk
“A Valuation Tribunal has rejected an approach by assessors that would have increased the business rates paid by a City firm by 20% over the first five years of a lease.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
BESTrustees plc v Kaupthing Singer & Friedlander Ltd [2012] EWHC 629 (Ch); [2012] WLR (D) 84
“Where an insolvency event had occurred in relation to an employer, thereby triggering a calculation of the deficiencies in the assets of a pension fund under section 75 of the Pensions Act 1995, the time at which both the value of the pension scheme assets and the cost of the notional acquisition of annuities in the market to match its liabilities should be assessed was the ‘applicable time’ within the meaning of regulation 5 of the Occupational Pension Schemes (Employer Debt) Regulations 2005, which, in the form which the regulation 5 had taken as at 8 October 2008, was the date of the insolvency event.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
Northern Rock Applicants v Caldwell and another [2011] UKUT 408 (TCC); [2011] WLR (D) 289
“The statutory assumption in section 5(4)(a) of the Banking (Special Provisions) Act 2008 that all financial assistance provided by the Bank of England or the Treasury ‘has been withdrawn’ required the independent valuer to assume that the assistance had been terminated and repaid, following realisations of assets made just before the date of nationalisation.”
WLR Daily, 6th October 2011
Source: www.iclr.co.uk
“Since the early 1990s it has been common place for ‘the ordinary domestic householder purchasing his own home’ to pursue the valuer contracted by the prospective mortgagee for negligent over-valuation.”
Hardwicke Chambers, 19th September 2011
Source: www.hardwicke.co.uk
Thomas and others v Bridgend County Borough Council [2011] EWCA Civ 862; [2011] WLR (D) 254
“For article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms to be engaged, it was enough to show interference with peaceful enjoyment possessions combined with evidence of loss of value.”
WLR Daily, 26th July 2011
Source: www.iclr.co.uk
Drake v Harvey and others [2011] EWCA Civ 838; [2011] WLR (D) 244
“There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273
“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”
WLR Daily, 31st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Earl Cadogan and Another v Sportelli and Another and Other Appeals
House of Lords
“Landlords and freeholders were generally not entitled to so-called ‘hope value’ as an element in the value of their interest in determining the price payable by the tenants for leasehold enfranchisement.”
The Times, 17th December 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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