Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another – WLR Daily

Posted June 21st, 2013 in appeals, enfranchisement, landlord & tenant, law reports, leases, valuation, wills by tracey

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another: [2013] EWCA Civ 731; [2013] WLR (D) 243

“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

FCA fines rogue property trader nearly £1m – The Guardian

Posted June 19th, 2013 in costs, financial services ombudsman, fines, housing, mortgages, news, valuation by sally

“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.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

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

Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers

Posted April 23rd, 2013 in consultations, landlord & tenant, news, Supreme Court, tribunals, valuation by sally

“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 – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by tracey

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, rating, and his (house)boat – UK Human Rights Blog

Posted April 18th, 2013 in council tax, housing, news, ships, valuation by sally

“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.”

Full story

UK Human Rights Blog, 18th April 2013

Source: www.ukhumanrightsblog.com

Hunt v Hosking and ors – WLR Daily

Posted March 5th, 2013 in insolvency, law reports, valuation by sally

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

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted February 27th, 2013 in landlord & tenant, law reports, leases, news, tribunals, valuation by sally

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon [2013] EWCA Civ 90; [2013] WLR (D) 81

“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

Surveying the Landscape: Recent Negligent Valuation Claims – Littleton Chambers

Posted February 8th, 2013 in mortgages, negligence, news, valuation by sally

In the backwash of this recession the Courts are revisiting territory familiar from previous recessions – claims against valuers and mortgagees exercising powers of sale.

Full story

Littleton Chambers, 4th February 2013

Source: www.littletonchambers.com

Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“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

Company entitled to use rent free period in the first five years for valuation purposes, tribunal finds – OUT-LAW.com

Posted July 23rd, 2012 in landlord & tenant, news, rates, rent, tribunals, valuation by tracey

“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.”

Full story

OUT-LAW.com, 20th July 2012

Source: www.out-law.com

BESTrustees plc v Kaupthing Singer & Friedlander Ltd – WLR Daily

Posted March 20th, 2012 in insolvency, law reports, pensions, valuation by sally

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 – WLR Daily

Posted October 10th, 2011 in banking, compensation, law reports, nationalisation, valuation by sally

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

Valuers Breathe Sigh of Relief – Hardwicke Chambers

Posted September 28th, 2011 in mortgages, negligence, news, valuation by sally

“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.”

Full story

Hardwicke Chambers, 19th September 2011

Source: www.hardwicke.co.uk

Thomas and others v Bridgend County Borough Council – WLR Daily

Posted July 28th, 2011 in appeals, human rights, law reports, local government, noise, roads, valuation by tracey

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 – WLR Daily

Posted July 25th, 2011 in appeals, law reports, partnerships, valuation by tracey

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) – WLR Daily

Posted August 3rd, 2009 in compulsory purchase, law reports, valuation by sally

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 – Times Law Reports

Posted December 17th, 2008 in enfranchisement, law reports, leases, valuation by sally

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.

Earl Cadogan and another v Sportelli and another – WLR Daily

Posted December 11th, 2008 in enfranchisement, law reports, leases, valuation by sally

Earl Cadogan and another v Sportelli and another [2008] UKHL 71; [2008] WLR (D) 378

“In determining the price payable by tenants for leasehold enfranchisement, landlords and freeholders generally were not entitled to ‘hope value’ as an element in the value of their interests.”

WLR Daily, 10th December 2008

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.

Spirerose Ltd (In Administration) v Transport for London – WLR Daily

Posted November 17th, 2008 in compulsory purchase, law reports, valuation by sally

Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358

“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”

WLR Daily, 14th November 2008

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.