GPS (Great Britain) Limited v Samuel Charles David Bird (VO)
Decision date: 21 November 2013
Neutral citation: [2013] UKUT 527 (LC)
Overall AI summary confidence: medium
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: medium
This appeal concerned whether the opening of the Highcross extension in Leicester on 4 September 2008 constituted a relevant material change of circumstances (MCC) affecting rateable values at Fosse Park as at the hypothetical valuation date, and if so what reduction was justified. The Tribunal found the opening was capable of being an MCC and, relying on contemporaneous retail consultants' forecasts and comparative turnover data, concluded a 10% reduction in rateable values was reasonable. The appeals were allowed and the 2005 rating list was altered effective 4 September 2008.
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
Contemporaneous retail consultants' forecasts and suitably benchmarked comparative turnover data are admissible and probative evidence of what a hypothetical tenant would have anticipated and may justify an MCC adjustment to rateable value; by contrast, evidence of recent lettings may have limited weight where size, timing and market context differ.
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 Tribunal indicated that reliance on informal comments by arbitrators or inaccessible arbitrators' views is inadmissible and of no assistance, and that MCC adjustments from other locales may lack comparative value where geographic, catchment and scheme differences are material.