header-logo header-logo

07 July 2011 / Craig Barlow , Aidan Briggs
Issue: 7473 / Categories: Features , Local government , Public
printer mail-detail

Better late than never?

When can non-domestic rate demands be challenged ask Aidan Briggs
& Craig Barlow

Nearly every business in the country pays National Non-Domestic Rates (NNDR) on their premises and this accounts for £19.6bn of local authority revenue nationwide. However, £400m of rates which are “collectible” go uncollected each year.

In his judgments in North Somerset District Council v Honda Motor Europe Ltd & ors [2010] EWHC 1505 (QB), and Secerno Ltd v Oxford Magistrates’ Court & Vale of White Horse District Council [2011] EWHC 1009 (Admin), Mr Justice Burnett addresses when a business may challenge a liability order for NNDR on the grounds of delay by the local authority. Both decisions give a thorough analysis of the legislation, but leave some glaring inconsistencies in the law’s treatment of delay and prejudice.

The statutory scheme

Liability to pay domestic rates arises by s 43 of the Local Government Finance Act 1988. Under the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (SI 1989/1058) (the 1989 regs), billing authorities are required to serve demand notices in each billing year and no

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll