The Valuation Tribunal Service Tony Masella MRICS MCIOB IRRV (Hons) AFA Chief Executive

1. The VTS and the VTE, and VTS Wales 2. New Regulations and terminology 3. Practice Statements 4. The VTE’s Expectations of you 5. Disclosure of Evidence & Statement of Case

‘The Service’ Two partners in England VTS – ‘the administrative arm’ led by a Board with CEO – created on 1 April 2004 VTE - ‘the judicial arm’ (the Tribunal interface) headed by a national President – created 1 October 2009

Wales VTS in Wales, with CEO Administered from 4 offices, reducing to 3 Headed by a President elected from among its Council Welsh Office Independent Member appointed

What is the VTE? President Professor Graham Zellick QC, CBE 4 Vice Presidents Alf Clark JP FRICS Michael Tildesley OBE Fiona Dickie David Hogg CB 592 Members (253 Chairmen ‘Senior Members’)

VTE Regulations The Valuation Tribunal for England (Membership and Transitional Provisions) Regulations 2009 - SI 2009/2267 The Non-Domestic Rating (Alterations of Lists and Appeals) (England) Regulations 2009 – SI 2009/2268 The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 – SI 2009/2269 The Council Tax (Alteration of Lists and Appeals) (England) Regulations 2009 – SI 2009/2270 The Valuation Tribunals (Consequential Modifications and Saving Transitional Provisions) (England) Regulations 2009 - SI 2009/2271

Practice Statements 15 issued to date A. Pre-Hearing (7) B. The Hearing (5) C. Post-Hearing (2) D. Miscellaneous (1) www.valuationtribunal.gov.uk

Practice Statements A: Pre-Hearing: 1 Extension of Time Limits for making appeals 2 Listing of NDR Appeals 3 Complex Case: case management 4 Postponements and Adjournments 5 Summoning of Witnesses 6 Decision without a Hearing 7 Non-Domestic rates (Rating List 2010) Disclosure of Evidence

Practice Statements B: The Hearing: 1 Model Procedure 2 Duties & Responsibilities of Clerk/Tribunal Officer at the Hearing 3 Appellant’s Non-attendance 4 Hearings in Private & Extraordinary venues 5 Listed appeals where the parties have reached agreement

Practice Statements 1 Professional Representatives C: Post-Hearing: 1 Reviewing and Setting Aside Decisions 2 Applications for Reinstatement following striking out and withdrawal and lifting a bar D: Miscellaneous: 1 Professional Representatives

Practice Statements Listing of NDR Appeals - VTE/PS/A2 All appeals which have been placed in a programme by the VO will be listed after the submission or target date has been reached, unless: a direction has been issued by the Tribunal treating the appeal as a lead appeal notice has been served (whether by direction or not) to stay proceedings The Tribunal has determined that the matter should be dealt with outside of a programme.

Practice Statements Model Procedure – VTE/PS/B1 Appellant (normally) goes first Panel may adjourn Panel may decide to inspect Burden rests on appellant to satisfy Panel that appeal should be allowed Panel retires after each case

Practice Statements The role of the clerk at hearings – VTS/PS/B2 Any substantive advice given to the panel by the clerk must be given in public and the parties, if present, must be given an opportunity by the presiding member to comment. The clerk has a duty to give appropriate advice and the panel must co-operate in this regard. The clerk has a duty to ensure that every case is conducted fairly.

Practice Statements Complex Cases: Case Management – VTE/PS/A3 Any party may apply for a case to be treated as complex (or the clerk may identify a potentially complex case) Senior member will decide whether to treat the case as ‘complex’ and if so issue directions, or hold a case management hearing.

Practice Statements What is a Complex Case? Must have one or more of the following features A novel, important or difficult question of law National implications Lengthy or complex evidence Any other factor that makes it desirable to manage the case and issue specific directions

Practice Statements Appellant’s Non-attendance - VTS/PS/B3 General direction is now issued with all Notices of Hearing Appellant must either appear, be represented or give written consent to the matter being heard in absentia Failure to do so may result in a STRIKE OUT

Practice Statements Summoning of Witnesses – VTE/PS/A5 An application must demonstrate that - Evidence of the witness is crucial to the appellant’s case and cannot be adduced in any other way; AND The witness is not likely to attend without the issue of a summons; AND The applicant agrees to cover the witnesses’ necessary expenses in attending.

Practice Statements Listed Appeals where Parties have reached an Agreement – VTE/PS/B5 (Effective from 2 August 2010) Where VO confirms that agreement forms have been received, the appeal will be marked ‘agreed’. Where verbal agreement has been reached pending client instructions, Tribunal will adjourn pending completion of paperwork.

Practice Statements Reviewing and Setting Aside Decisions – VTE/PS/C1 (Effective from 1st August 2010) must apply within 28 days of the decision, and one of six conditions must be satisfied:

Practice Statements Conditions for Reviewing and Setting Aside Decisions A document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party’s representative; A document relating to the proceedings was not sent to the VTE at an appropriate time; A party or a party’s representative was not present at the hearing relating to the proceedings and shows reasonable cause for the absence; Procedural irregularity in the decision (defect in procedure not content of decision); Decision affected by a decision of, or on appeal from, the Upper Tribunal or High Court.

Practice Statements Applications for Reinstatement Following Strike Out and Withdrawal and Lifting of a Bar To be made within one month of the decision or from when a bar is applied Reasons must be given It is for appellant to provide adequate reasons and proof, not for Tribunal to seek amplification or explanation Tribunal may seek comments of respondent where thought necessary Senior Member will determine

Practice Statements The VTE’s Expectations of Professional Representatives Bound by the rules and practices of their professional body; Familiar with Tribunal law and practice and an understanding of the basic principles governing tribunals; Comply strictly with Tribunal directions and time limits; Observe the dress code that applies to VTE members.

Practice Statements NDR (Rating List 2010): Disclosure and Exchange – VTE/PS/A7 (will be effective 1 January 2011) Standard Directions will be sent with Notices of Hearings VO must issue rental evidence (Reg 17(3)), if being relied on, no later than 6 weeks prior to hearing date; failure to do so will result in exclusion of such evidence at the hearing. Appellant must serve on the Tribunal and other parties a statement of case no later than 4 weeks prior to hearing; failure to comply will result in strike out of the proceedings. VO to provide statement of case to Tribunal and other parties 2 weeks before hearing date; failure to comply will result in automatic barring from taking further part in proceedings.

Ingredients for a Statement of Case Statement of the issues in dispute An explanation of the decision sought from the Tribunal A clear, succinct summary of the arguments, including legal arguments (citing relevant provisions or authorities with references) A clear, succinct summary of the supporting evidence Copies of basic documents essential for the argument