Tribunals Flashcards
How long does an appellant have to make an appeal to the Upper Tribunal (Lands Chamber)
Within 4 weeks of the decision from the relevant Tribunal. The respondent then also has 4 weeks in which to submit their response. These submissions can be extended by paying a fee of £110
What must be submitted in an appeal
When making an appeal the applicant must include the name and address of the applicant, the grounds for the appeal, any supporting documents relied on, copy of the VTE’s decision
Describe the Gardiner & Theobald LLP v Jackson Ltd
Requirement to disclose a success related fee to the Tribunal and for the panel members to weight this evidence accordingly. Found that the Tribunal will have to weight evidence how they see fit depending on the fee arrangement. Also conditional fee arrangements are not allowed at the Upper Tribunal (Lands Chamber)
What is the Denton test
1) Seriousness or significance of breach
2) Reason why failure or default occurred
3) All the circumstances of the case
Describe the Saint Benedict’s Land Trust Ltd re Preston House
Section 39 of the Valuation Tribunal for England (Council Tax and Rating Appeals) gives the VTE the right to amend any clerical error
Appellant requested the VTE amend their decision to show that a subsidiary of the trust was involved with the property rather than Saint Benedicts
Appeal was dismissed as the subsidiary had no connection to the property
What is the fee to make an appeal to the Upper Tribunal
5% of rateable value with a minimum fee of £275 and a maximum fee of £16,500
How long after a VT hearing will the decision notice be issued
1 month
What may a party do after a VT decision
May apply for rehearing if the panel misinterpreted key case law or legislation
May apply to the UTLC within 28 days of the decision notice
After how long must the VOA amend the rating list after a decision notice is received
VOA has 2 weeks in which to alter the rating list
What is the main purpose of the The Valuation Tribunal for England (Council Tax and Rating Appeals (Procedure) Regulations 2009
Main legislation setting out the powers of the VTE on factors such as appeal management, failure to comply with regulations and submission of evidence. Main takeaway of the legislation is section 17 which provides permission for the Valuation Officer to disclose requested rental evidence by the appellant.
What is the main purpose of the Valuation Tribunal for England Practice Statement
The main statement outlining the procedures and rules of the VTE for example the role of the different parties involved.
What is the fee for appealing to the VT?
£150 for small firms and £300 for other firms. This is refundable if the appellant is successful
