Category: valuation

BESTrustees plc v Kaupthing Singer & Friedlander Ltd – WLR Daily

Posted March 20th, 2012 in insolvency, law reports, pensions, valuation by sally

BESTrustees plc v Kaupthing Singer & Friedlander Ltd [2012] EWHC 629 (Ch); [2012] WLR (D) 84

“Where an insolvency event had occurred in relation to an employer, thereby triggering a calculation of the deficiencies in the assets of a pension fund under section 75 of the Pensions Act 1995, the time at which both the value of the pension scheme assets and the cost of the notional acquisition of annuities in the market to match its liabilities should be assessed was the ‘applicable time’ within the meaning of regulation 5 of the Occupational Pension Schemes (Employer Debt) Regulations 2005, which, in the form which the regulation 5 had taken as at 8 October 2008, was the date of the insolvency event.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

Northern Rock Applicants v Caldwell and another – WLR Daily

Posted October 10th, 2011 in banking, compensation, law reports, nationalisation, valuation by sally

Northern Rock Applicants v Caldwell and another [2011] UKUT 408 (TCC); [2011] WLR (D) 289

“The statutory assumption in section 5(4)(a) of the Banking (Special Provisions) Act 2008 that all financial assistance provided by the Bank of England or the Treasury ‘has been withdrawn’ required the independent valuer to assume that the assistance had been terminated and repaid, following realisations of assets made just before the date of nationalisation.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Valuers Breathe Sigh of Relief – Hardwicke Chambers

Posted September 28th, 2011 in mortgages, negligence, news, valuation by sally

“Since the early 1990s it has been common place for ‘the ordinary domestic householder purchasing his own home’ to pursue the valuer contracted by the prospective mortgagee for negligent over-valuation.”

Full story

Hardwicke Chambers, 19th September 2011

Source: www.hardwicke.co.uk

Thomas and others v Bridgend County Borough Council – WLR Daily

Posted July 28th, 2011 in appeals, human rights, law reports, local government, noise, roads, valuation by tracey

Thomas and others v Bridgend County Borough Council [2011] EWCA Civ 862;  [2011] WLR (D)  254

“For article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms to be engaged, it was enough to show interference with peaceful enjoyment possessions combined with evidence of loss of value.”

WLR Daily, 26th July 2011

Source: www.iclr.co.uk

Drake v Harvey and others – WLR Daily

Posted July 25th, 2011 in appeals, law reports, partnerships, valuation by tracey

Drake v Harvey and others [2011] EWCA Civ 838;  [2011] WLR (D)  244

“There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) – WLR Daily

Posted August 3rd, 2009 in compulsory purchase, law reports, valuation by sally

Transport for London (London Underground Ltd) v Spirerose Ltd (in administration) [2009] UKHL 44; [2009] WLR (D) 273

“Where permission for the redevelopment of the claimant’s land would on the balance of probability have been granted as at the valuation date, the Lands Tribunal had not been entitled to value the land on the basis that permission would actually have been granted rather than on the basis of ‘hope value’.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Earl Cadogan and Another v Sportelli and Another and Other Appeals – Times Law Reports

Posted December 17th, 2008 in enfranchisement, law reports, leases, valuation by sally

Earl Cadogan and Another v Sportelli and Another and Other Appeals

House of Lords

“Landlords and freeholders were generally not entitled to so-called ‘hope value’ as an element in the value of their interest in determining the price payable by the tenants for leasehold enfranchisement.”

The Times, 17th December 2008 

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Earl Cadogan and another v Sportelli and another – WLR Daily

Posted December 11th, 2008 in enfranchisement, law reports, leases, valuation by sally

Earl Cadogan and another v Sportelli and another [2008] UKHL 71; [2008] WLR (D) 378

“In determining the price payable by tenants for leasehold enfranchisement, landlords and freeholders generally were not entitled to ‘hope value’ as an element in the value of their interests.”

WLR Daily, 10th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Spirerose Ltd (In Administration) v Transport for London – WLR Daily

Posted November 17th, 2008 in compulsory purchase, law reports, valuation by sally

Spirerose Ltd (In Administration) v Transport for London [2008] EWCA Civ 1230; [2008] WLR (D) 358

“In concluding that a valuation of the claimant’s land on the basis that at the date of valuation there would have been a determined planning application granting permission , the Lands Tribunal had not erred. In the absence of an actual planning permission or a permission that was required to be assumed under the Land Compensation Act 1961, the tribunal was not limited to assessing the value by reference to the view that the market would have taken as to the prospects of achieving planning permission, the hope value.”

WLR Daily, 14th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – Times Law Reports

Posted October 6th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)

Court of Appeal

“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Posted August 4th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Rose (Kevin) – Times Law Reports

Posted March 6th, 2008 in law reports, proceeds of crime, valuation by sally

Regina v Rose (Kevin)

Court of Appeal (Criminal Division)

“When calculating the benefit to a thief or handler of his acquisition or possession of criminal property, the market value of it was the amount it would have cost him to obtain the property legitimately, or the economic value to the loser, rather than what the thief or handler could get for the property if he sold it.”

The Times, 6th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd – WLR Daily

Posted February 26th, 2008 in banking, contracts, debts, law reports, valuation by sally

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58

“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Local Government and Public Involvement in Health Act 2007

Posted November 13th, 2007 in health, legislation, local government, valuation by sally

Local Government and Public Involvement in Health Act 2007 published

Full text of Act

Source: www.opsi.gov.uk