Wetherspoon Plc v Valuation Officer, Court of Appeal - Lands Tribunal, March 27, 2008, [2008] EWLands RA_11_2005
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Wetherspoon Plc v Valuation Officer, Court of Appeal - Lands Tribunal, March 27, 2008, [2008] EWLands RA_11_2005
RA/11/2005 LANDS TRIBUNAL ACT 1949 RATING public house valuation City of London public house with exceptionally high turnover whether actual receipts representative of fair maintainable receipts application of Approved Guide and Supplementary Guidance comparables held comparables did not show that actual receipts not representative of FMR assessment of £370,000 RV upheld IN THE MATTER OF AN APPEAL AGAINST A DECISION OF THE CENTRAL LONDON VALUATION TRIBUNAL BETWEEN J D WETHERSPOON plc Appellant and MARK CHARLES VINCENT DAY Respondent (Valuation Officer) Re: Public House and Premises, Hamilton Hall, Liverpool Street Station, London EC2M 7PY Before: The President Sitting at Procession House, 110 New Bridge Street, London EC4Y 6JL on 27-28 June, 3-4 December 2007 Richard Glover instructed by Stephenson Harwood for the appellant David Forsdick instructed by Solicitor to HM Revenue & Customs for the respondent © CROWN COPYRIGHT 2008 No cases are referred to in this decision. The following cases were referred to in argument: Cartwright v Sculcoates Union [1900] AC 150 Watney Mann Ltd v Langley (VO) [1966] 1 QB 457 Sharp v Griffiths (VO) [1999] RA 265 J D Wetherspoon plc v Lothian Regional Assessor [2003] RA 105 Harrods Ltd v Baker (VO) [2007] RA 247 Scottish and Newcastle Retail Ltd v Williamson (VO) [2000] RA 119 DECISION Introduction
1. This is an appeal by the ratepayer against a decision of the Central London Valuation Tribunal given on 1 February 2005 in relation to the ratepayer's public house, the Hamilton Hall at Liverpool Street Station. The issue is valuation. The appeal hereditament was entered in the 2000 rating list at a rateable value of £420,000. The ratepayer made a proposal to reduce this, and at the hearing before the VT the valuation officer, the respondent in the present appeal, contended for a rateable value of £370,000. This figure was accepted by the VT. The ratepayer now contends for a rateable value of £275,000.2. Evidence for the ratepayer was given by Timothy Randall Martin, the chairman of J D Wetherspoon Plc; Dave Smith, who was manager of the Hamilton Hall between 1996 and 1999; and Tracy Steeden MRICS, rating surveyor, of Invicta Retail and Leisure Property. The respondent VO, Mark Charles Vincent Day MRICS, gave evidence on his own behalf. It was unfortunate that the parties had und...See the full content of this document
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