Listing Officer, R (on the application of) v Royal National Institute for the Blind & Ors [2003] EWHC 1308 (Admin) (19 May 2003)

Listing Officer, R (on the application of) v Royal National Institute for the Blind & Ors [2003] EWHC 1308 (Admin) (19 May 2003)

The statutory question is whether the relevant part of the building was constructed for use as separate living accommodation, assessed in light of all objective circumstances, including the use for which the remainder of the building was constructed. The Valuation Tribunal's findings were flawed and inconsistent, requiring reconsideration.

Citation
[2003] EWHC 1308 (Admin)
Parties
Claimant: Raymond Frederick Williams (Listing Officer); First Defendant: The Royal National Institute for the Blind; Second Defendant: Ms Nora Guise; Third Defendant: Personal Representatives of Ms W A Lawrence (Dec'd); Fourth Defendant: The Occupier, Flat 12; Fifth Defendant: Ms M Taylor; Sixth Defendant: Mr and Mrs J Tuckwell
Jurisdiction
England and Wales
Judgment Date
19 May 2003
Procedural Posture
Statutory Appeal From Valuation Tribunal / High Court Judgment
Outcome
Valuation Tribunal's decision quashed and case remitted to a newly constituted Valuation Tribunal for reconsideration.
Legal Topics
Council Tax, Valuation of Dwellings, Self Contained Units, Statutory Interpretation
Local Government Taxation Administrative Law Council Tax Valuation of Dwellings Self Contained Units Statutory Interpretation

Case Brief

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Parties

Raymond Frederick Williams (Listing Officer)

Claimant

The Royal National Institute for the Blind

First Defendant

Ms Nora Guise

Second Defendant

Personal Representatives of Ms W A Lawrence (Dec'd)

Third Defendant

The Occupier, Flat 12

Fourth Defendant

Ms M Taylor

Fifth Defendant

Mr and Mrs J Tuckwell

Sixth Defendant

Procedural Posture

Statutory Appeal From Valuation Tribunal / High Court Judgment

Legal Issues

  1. 1 Whether four units within Kathleen Chambers House are 'self-contained units' for council tax purposes under the Council Tax (Chargeable Dwellings) Order 1992

Ratio Decidendi

The statutory question is whether the relevant part of the building was constructed for use as separate living accommodation, assessed in light of all objective circumstances, including the use for which the remainder of the building was constructed. The Valuation Tribunal's findings were flawed and inconsistent, requiring reconsideration.

Court Disposition

Valuation Tribunal's decision quashed and case remitted to a newly constituted Valuation Tribunal for reconsideration.

Orders

  • Respondents to pay £4,000 towards the costs of the appellant.
  • Permission to appeal to the Court of Appeal not granted; court lacks jurisdiction.