ROSALIE A STEPHENSON WINIFRED E STEPHENSON v East Riding of Yorkshire Council
Decision date: 7 February 2013
Neutral citation: [2013] UKUT 64 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal determined the compensation payable for compulsory acquisition of 11 Manor Road, Beverley, with valuation date 3 February 2012. The council sold the vested property by a competitive tender process which produced a highest bid of £205,000, but the council's valuer had assessed open market value at £169,000; the tribunal found deficiencies in the valuer's comparable-based evidence and accepted the properly conducted tender result, awarding £205,000.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
A properly conducted competitive sale or tender can establish the market value of property for compensation purposes and may be preferred over an expert's comparable-based valuation where that expert's methodology is inadequately explained or supported (for example, unexplained added refurbishment costs, absence of a post-refurbishment market value, and a wide/unsupported comparable range).
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment indicates that confidential tender processes can nevertheless produce reliable evidence of market value where there is clear competitive bidding, and that auction results—being transparently competitive—provide a clear indication of market level; similar properly conducted competitive processes may be treated analogously.
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