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Examines the tactical and procedural aspects of mounting anapplication to the Lands Tribunal. Considers current opinion on how theTribunal will approach an application…
Examines the tactical and procedural aspects of mounting an application to the Lands Tribunal. Considers current opinion on how the Tribunal will approach an application, the procedure for making an application, and some suggestions for making an effective case. Concludes with an examination of trends in Lands Tribunal decisions in certain specific classes of case, such as restrictions on development, and on building and use.
The use of law reports as a source for data on citation patterns in the courts of law has been pioneered in the United States and to some extent in Canada. Very little…
The use of law reports as a source for data on citation patterns in the courts of law has been pioneered in the United States and to some extent in Canada. Very little work has been undertaken within the English legal system until now. The difficulties faced are noted: the complexity of the court structures and the law reporting system, but above all the limitations of using law reports rather than the original case transcripts which are difficult to obtain. A citation file was built from the citations included in all the issues of fifty‐eight different law report titles issued during 1985. Since there is a degree of duplication in coverage of cases between the law report publications, 5,260 versions of 2,451 unique cases were discovered, yielding a file of 25,868 citations (excluding those to statutory materials). The file was reduced to 11,159 citations (excluding those to statutory materials) by selecting only the longest versions, according to the number of words, of each of the 2,451 cases. Analyses are presented on the general characteristics of the citation file (the proportion of citations to each of twenty‐four different material types), the frequency of citation to statutory materials, case law and other materials (each cross‐tabulated by citing court, subject matter of the citing case and, except for statutory materials, whether the citation occurred in argument by counsel only or in the judgement). For case law only further analyses were performed to identify the jurisdiction of cited cases, self citation practice by different courts, the ageing of authority, the law report titles from which cited cases were taken, the use of unreported cases, and the occurrence of cases without citations to earlier case law.
The purpose of this paper is to provide an annual update on case law relating to compulsory purchase and compensation.
Researching decisions made by the Court of Appeal and Upper Tribunal (Lands Chamber) in the field of compensation. Commentary on the legal and valuation implications of a selection of those cases is provided.
In the last year, there have been a number of interesting cases concerning residual valuations, blight caused by HS2, and Tree Preservation Orders.
The research is limited by the case law available in the last 12 months and this has been a relatively quiet year.
The commentary should assist practitioners to formulate claims for compensation having regard to recent developments in case law.
Its originality and value lies in the fact that it is based on recent legal decisions which have not yet been widely reported.
This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence…
This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in the UK courts, had found that expert valuation witnesses do not always perform rationally, for example informing courts that valuations can be undertaken within acceptable tolerances of valuation accuracy, while giving expert evidence that differed by more than these tolerances. There was evidence that, while well aware of their overriding duty to the court or tribunal, expert witnesses were frequently producing client‐biased valuations. Such findings provoked questions as to whether standards would be improved by two recently proposed alterations to current practice: either the introduction of a system of compulsory training and accreditation for such witnesses, or a change from the process by which expert valuation evidence is normally presented (one expert witness for each party to a dispute) to the use of a single expert, appointed either by the parties jointly or by the court. A case analysis is performed and conclusions discussed.
The purpose of this paper is to examine a device used in leasehold enfranchisement valuations known as the graph of relativity, which shows the percentage of the freehold…
The purpose of this paper is to examine a device used in leasehold enfranchisement valuations known as the graph of relativity, which shows the percentage of the freehold value of a dwelling that a lease of a given unexpired term comprises. There are a number of such graphs in existence put forward by practitioners based on their experience and as a result of research but they contain different values. The paper explores why this might be the case and how this issue can be resolved.
The paper examines the literature on graphs of relativity and the various graphs that have been published and critically examines the methodologies behind them to see if these account for the differences between them.
There are different methodologies that have been employed in producing the graphs, including transaction evidence, the opinions of practitioners, and tribunal decisions, and these may account for some of the differences. Many of the graphs are based upon relatively small samples, particularly at specific points on the graphs, so there are likely to be differences as a result of sampling errors. The graphs mix together properties with different characteristics, which could be a further source of variability.
Further research is needed to produce a more definitive graph of relativity based on a larger sample of properties and that reflects the differences between properties.
The paper challenges the notion that there is a single graph of relativity in which the length of the lease term remaining is the only significant variable and argues that there are likely to be multiple graphs of relativity that reflect the risks associated with investing in leasehold property.
DONCASTER'S new Central Library was formally opened on 29th December 1969 on precisely the 100th anniversary of the opening of the first public library in Doncaster. Conforming to tradition, the Library was opened by the Mayor of Doncaster, Councillor Marcus Outwin. The President of the Library Association, Mr. Wilfred Ashworth, addressed the assembled guests, his last official appointment before relinquishing the office.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.