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Rating cases

Iceland Food Ltd v Berry (VO) [2018] 1 WLR 1277– represented Iceland in its challenge to the rateability of air handling plant. Dan represented Iceland throughout the proceedings including acting as advocate in its successful appeal in the Supreme Court.

Monk v Newbigin (VO) [2017] 1 W.L.R. 851 – represented the Rating Surveyors Association and British Property Federation in their successful intervention in support of the ratepayers appeal in the Supreme Court. The case concerned the valuation treatment of buildings undergoing refurbishment.  

Woolway (Valuation Officer) v Mazars LLP [2015] UKSC 53 – represented the Valuation Officer (led by Tim Morshead QC) in seminal Supreme Court case on the identification of the hereditament in the rating list.

ATM rating test case – acting for Cardtronics Europe Limited in test case litigation concerning the rateability of ATMs in convenience stores (currently before the Court of Appeal).

UKI (Kingsway) Limited v Westminster City Council [2017] EWCA Civ 430 – acted for the successful ratepayer in Court of Appeal case determining that a completion notice had not been properly served by the billing authority.  

Lamb v Go Outdoors Ltd [2015] UKUT 366 (LC) – represented Go Outdoors in valuation dispute before the Upper Tribunal.

Hardman v British Gas Trading Ltd [2015] UKUT 53 (LC) - acted for valuation officer (led by Tim Morshead QC) in case concerning valuation of power stations and the appropriate assumptions to make in respect of the hypothetical tenancy in the statutory rating hypothesis.

GPS (Great Britain) Ltd v Bird (VO) [2013] UKUT 527 (LC)  (also known as Fosse Park) – represented seven retailers who succeeded in their contention that the rateable value of their retail warehouses at Fosse Park should be reduced by 10% to reflect a material change of circumstances constituting the improvement to retail facilities in Leicester city centre when the Highcross extension opened.

Aviva Investment Properties v Whitby (VO) [2013] UKUT 430 (LC) – represented ratepayers who succeeded in contending that warehouse properties should be deleted from the rating list in the absence of the service of a completion notice as they were not capable of beneficial occupation.

Jamieson (VO) v Eon plc [2013] UKUT 369 (LC) – represented Eon plc who succeeded in its contention that Enfield power station and the pipeline serving it should be entered into the rating list as a single hereditament.

Esso v Walker (VO) [2013] UKUT 52 (LC) – represented the valuation officer in these proceedings concerning how a motor way service station should be entered in the rating list.

Kenya Aid Programme v Sheffield City Council [2013] 3 WLR 422 (DC) – represented the ratepayer charity in this leading Divisional Court case on charitable relief for occupied property.

Porter v Gladman (VO) [2011] UKUT 204 – represented the successful ratepayer in this leading case which decided that office premises could not be entered into the rating list without the service of a completion notice where they were not in a physical state that rendered them capable of beneficial occupation.

North Somerset Council v Honda Motor Europe Ltd and Martin Graham [2010] EWHC 1505 (QB) – represented the successful ratepayer, Mr Graham in his defence of this claim for the recovery of rates. This is the leading case on the circumstances in which a billing authority can recover rates where there have been delays in serving demand notices.

Harrods v Humphries (VO) (2013 VTE decision)– represented the successful valuation officer in the Valuation Tribunal proceedings relating to the correct rateable value of Harrods.

Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints [2008] 1 W.L.R. 1852 (HL)– acted for the Valuation Officer throughout this litigation which established that the Mormon Temple at Preston was not exempt from rates. Acted as advocate in the Lands Tribunal and Court of Appeal; led by Tim Mould QC in the House of Lords.

Leda Properties v Howells (VO) [2009] RA 165 – represented the Valuation Officer in the Lands Tribunal and successfully opposed the ratepayers’ appeal in respect of a proposal to delete the entry of a computer centre from the rating list on grounds of obsolescence.

Ebury (VO) v Central Methodist Church [2009] R.A. 239 - rateability case concerning whether a café and bookshop within church complex were exempt from rates as part of a church hall.

Tuplin (VO) v Cheetham [2010] R.A. 217 – acted for successful Valuation Officer in proceedings concerning whether DIY livery stables qualified for exemption from rates under the relevant agricultural exemption provisions.

Trunkfield (VO) v LB Camden [2010] UKUT 291 (LC) - acted for successful Valuation Officer in this case to determine whether adjoining offices should be entered on the rating list as a single hereditament or 2 separate hereditaments

Allen (VO) v Mansfield District Council [2008] RA 338 – acted for successful Valuation Officer in case relating to the rateability of district heating systems.

Selfridges Retail Ltd v Humphries (VO) [2010] R.A. 260 – acted for Valuation Officer in this case to determine the rateable value of Selfridges department store in Oxford Street (led by Tim Mould QC).

Harrods Ltd v Baker (Valuation Officer) [2007] R.A. 247 acted for Valuation Officer in this case to determine the rateable value of Harrods department store in Oxford Street (led by Tim Mould QC).

Tully v Jorgensen (Valuation Officer) [2003] R.A. 233 – acted for successful ratepayer in this test case on the rateability of home offices.