swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
Rating - From: 2002 To: 2002
This page lists 4 cases, and was prepared on 02 April 2018.
ÂJohnson Security Ltd v Orchard Trading Estate Management Ltd Gazette, 25 April 2002; [2002] EWCA Civ 406
26 Mar 2002
CA
Lord Justice Peter Gibson
Land, Rating
The appellant owned a freehold property on an industrial estate. The land was subject to a rentcharge under which the rent charge owner sought to recover costs of the management of the estate. The appellant said that the charges failed since they sought recovery for payment of the costs of maintenance, and of rating liability of the common parts of the estate, and so were not exclusively for the benefit of the land charged, and were not reasonable. Held: Under the 1977 Act, estate rentcharges could still be created. It was in the interests of the several plots on the estate, that the common parts were maintained, and the rates paid. The rentcharge fell within the exemption, and was reasonable, since it sought to recover no more than the costs incurred.
Rentcharges Act 1977 2(3)(c)
[ Bailii ]
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Valuation Officer v Cinderella Rockerfellas Ltd [2002] EWLands RA_38_1998
13 Jun 2002
LT
Rating
LT RATING – hereditament – occupation – whether former ferry permanently moored and used as nightclub rateable – held that it was rateable
1 Citers
[ Bailii ]
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Rodney District Council and others v Attorney General [2002]UKPC 47
7 Oct 2002
PC
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough
Rating, Registered Land
(New Zealand) The appeal concerned the rating of properties. Where two properties were held under the same land certificates, was this enough to have require only one listing on the valuation roll. New Zealand uses the Torrens style of Land Registration, under which, it was argued, the unit of registration determined also entries for 'separate properties'. This has its origin in Scots law. The authorities contended that the test was rather the unit of occupation. Held: The expression "separate property" was not defined. It was to be interpreted within the context in which it was used. In this case that meant rating, not land law, and it was dangerous to bring forward meanings for wordings from earlier statutes. Separate occupation was the correct criterion.
Rating Valuations Act 1998
[ Bailii ] - [ PC ]
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Lavery (Valuation Officer) v Leeds City Council [2002] EWLands RA_403_1995
8 Oct 2002
LT
Rating
LT RATING - Magistrates' Courts - valuation - contractor's basis - whether hereditament properly identified in rating list - whether rooms occupied by Department of Health and Social Security and Crown Prosecution Service constituted separate hereditaments - whether land value, based on agreed percentage of construction cost, should reflect fees - whether grant from Home Office should be reflected in valuation - valuation officer's appeal allowed in full.
[ Bailii ]
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