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Stayed Appeals VN 35 As at 22/03/21 Type Class Identifier Reasons NDR

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Stayed Appeals VN 35 As at 22/03/21 Type Class Identifier Reasons NDR Stayed Appeals VN 35 as at 22/03/21 Type Class Identifier Reasons NDR Museums & Galleries Appeals where the parties have Shipley Art Gallery, Prince identified that the VTE hearing of Consort Road, Gateshead, Tyne 6 November 2020 in respect of and Wear, NE8 4JB (“Shipley Art museums is relevant to Gallery”); (2) The Discovery proceedings (the VTE decided Centre, Blandford House, the appeals on the basis of a full Blandford Square, Newcastle rather than shortened R & E upon Tyne, NE1 4HZ (“The basis). Discovery Centre”); (3) Laing Art Gallery, Higham Place, Newcastle upon Tyne, NE1 8AG (“Laing Art Gallery”); (4) South Shields Museum, 6 Ocean Road, South Shields, Tyne and Wear, NE33 2HZ (“South Shields Museum”); (5) Chard Museum Society, High Street, Chard, Somerset, TA20 1QL (“Chard Museum”); and (6) Fairfax House, Castlegate, York, YO1 9RN (“Fairfax House”) have all been appealed to the UT CTL Persons medically certified as Where retrospective relief is Appeal to the High Court on a severely mentally impaired sought for a period when the point of law. Derek Brown v person was not in receipt of a Hambleton District Council (VT qualifying benefit (attendance appeal number 00000240). allowance) due to requiring a six Decision issued confirming no Stayed Appeals VN 35 as at 22/03/21 month period from diagnosis backdated entitlement. Stay now before payment made. removed. CTL Class G exemption for dwellings Where the landlord is prevented President to hear issue on 17 that cannot be occupied by the from letting a property due to March 2021. Decision released, owner because of Covid 19 Covid 19 restrictions stay lifted. restrictions NDR Deleted entry sought on the Where the service of the Complex case to be heard by basis that no valid completion completion notice has been President settled notice has been served. undertaken by an outsource company like Capita as opposed to being undertaken inhouse by the council CTV & NDR Completion notice appeals Whether the VTE can set a The substantive matter before completion date outside the the Upper Tribunal was whether statutory 3 months and if not the VTE could set a completion whether the VTE can order a date in excess of three months completion notice to be quashed where the parties had agreed in accordance with London such a date. The legislation Borough of Newham & Rad allows the parties to come to an Phase 1 Type B Property agreement on a completion date. Company No1 Limited. The UT considered that it doesn’t specify that the date has to be within three months and therefore the VTE should have, and the UT has, set a date in excess of three months. Stayed Appeals VN 35 as at 22/03/21 The decision also includes comments on other occasions where the VTE could set a date in advance of three months and is of the opinion that the Tribunal is unable to quash a completion notice (contrary to a pervious UT decision in respect of Spears Brothers). All such matters would appear to be obiter dicta and as such are not binding but will need to be tested before the VTE. A complex case has been identified. NDR Religious Exemption of Church The VO Agency is currently Appeals postponed and not listed of Scientology properties. dealing with a number of appeals awaiting application in respect of: by the Church of Scientology 146 Queen Victoria Street , [CoS] relating to religious London EC4V 4BY exemption on premises in various 68 Tottenham Court Road, parts of the country. The issues London W1T 2BB are complex and they are in Saint Hill Manor East Grinstead, contact with the Church's lawyer WS RH19 4JY and their own Counsel. Winston Churchill House, 8 Ethel Information relating to various Street, Birmingham B2 4BG issues is still being sought. The 258Deansgate, Manchester M3 religious exemption issues are to 4BG be resolved on legal arguments 51 Fawcett Street Sunderland under PS3 of the VTE SR1 1RS Stayed Appeals VN 35 as at 22/03/21 Consolidated Practice 41 Ebrington Street, Plymouth Statements. PL4 9AA First Floor, 9-12 Middle Street, Brighton BN1 1AL Three ‘test’ cases set down for 26 May 2021 NDR 2017 list appeals where there is Appeal to UT on whether costs to 1st Floor, 14 Castle Mews, High an issue on fitout costs which Street, Hampton, Middlesex, replace existing items on a like replace existing items. TW12 2NN & 1st Floor, Stratton for like basis add value and Court, 1 Kimber Road, Abingdon, increase the rent of the property. Oxfordshire, OX14 1SG VOA withdrawn appeal. Further test cases identified by the parties. NDR The powers of the VTE under reg 4 Freeston Drive, Nottingham Appeal to CoA in respect of both: 38 (7) of the Procedure Regs nd rd and in particular Pt 2 Floor South and 3 Floor, Great Bear Distribution Ltd & 10 Aldermanbury, London Sykes (VO) [2020] UKUT 0238 1.whether the VTE has power to (LC) delete an entry for a temporary period? Avison Young Ltd & Jackson (VO) [2020] UKUT 0058 (LC) 2. what are the VTE powers where a hereditament has temporarily been rendered incapable of beneficial occupation due to the execution of works to the hereditament but where the list is closed by the Stayed Appeals VN 35 as at 22/03/21 time of the appeal decision and either it returns to an inaccurate entry of (£1.83m rather than £1.8m) or an inaccurate entry of nil. NDR Appeals where a reduced RV Offices which have been Vice President was due to hear entry is sought following tenant’s reconfigured and have resulted in similar case as complex in alterations reduced office space because the March. area is now utilised as additional toilets or communal staircase for example. The appeal of David Jackson (VO) [2020] UKUT 0078 appears to conflict with its earlier judgment in The appeal of Ian Philip Manning (VO) [2014] UKUT 0476 (LC). Test case before President resolved as VOA conceded that alterations could (and did in the test case) reduce the value of the assessment to reflect loss of office space (value) due to construction of wc’s and bridge connection warranted a further Stayed Appeals VN 35 as at 22/03/21 allowance in the overall valuation. NDR Photo booths, Coin counters, Other types of machines where Joint application to stay whilst Kiddies rides, Max Spielman the decision of the Supreme Ct in negotiations take place. machines, Coffee machines Cardtronics might apply. (such as Costa Express & Simply Coffee), Travel Money Bureaux, Lottery Terminals, Travel Terminals, Paypoints, Vending machines, Taxi Commission (payphones & other such devices), Lockers, Car bays, guided selling terminals & software, Post Offices hosted, Mobile Hand Car Washes, Laundrette machines, Pharmacy concessions .
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