O'Brien v Clark

O'Brien v Clark

The tribunal found as a matter of fact that the property was not 'struck with sterility' and the statutory provisions allowed it to be treated as occupied for rating purposes. There was no legal or factual basis to justify an appeal.

Parties
Appellant: O’Brien; Respondent: Clark
Jurisdiction
England and Wales
Judgment Date
05 June 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Hereditament, Beneficial Occupation, Advertising Hoardings, Rating List Removal
Property Law Rating Law Hereditament Beneficial Occupation Advertising Hoardings Rating List Removal

Case Brief

Summary, issues, holding and outcome

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Parties

O’Brien

Appellant

Clark

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the plot of land should have ceased to be listed as a hereditament in the rating list between January 2001 and July 2002
  2. 2 Whether the property was occupied or could be treated as occupied under relevant legislation
  3. 3 Whether the land was 'struck with sterility' and thus not rateable

Ratio Decidendi

The tribunal found as a matter of fact that the property was not 'struck with sterility' and the statutory provisions allowed it to be treated as occupied for rating purposes. There was no legal or factual basis to justify an appeal.

Court Disposition

application refused

Orders

  • Application for permission to appeal dismissed