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Morton (VO) v Jones T/A Jones`s Clothes and Others

Language: English Series: Estates Gazette ; 280 (6305) 11 October 1986, 207-208 (2)Publication details: 1986Subject(s): Summary: LT (LVC/323-326/1985) 7 July 1986. Four appeals by the VO against decisions of an lvc in respect of four shops in Rugeley . At issue was the effect of road works carried out to the road to which the four shops fronted. The lvc decided on reductions of £75 from the gv of each shop for the disturbance caused. The VO contended that the period when the shops were materially affected was only 3 months, but the ratepayer contended that it was 12 months. LT held that it was unfortunate that the proposals in these appeals were lodged at the end of the total period concerned, but on the authority of Barratt v Gravesend Assessment Committee (1941) 2 KB 107 the valuation dates must be taken as the dates of the proposals, when the works were almost at an end and disturbance had nearly ceased. A tenant coming fresh to the scene would take that fact into account and would not reduce his bid for the subject premises. Even if the proposals had been lodged at the beginning of the works, the degree of
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Law report London Journal article ABS37036 (Browse shelf(Opens below)) 1 Available 1738-1001

LT (LVC/323-326/1985) 7 July 1986. Four appeals by the VO against decisions of an lvc in respect of four shops in Rugeley . At issue was the effect of road works carried out to the road to which the four shops fronted. The lvc decided on reductions of £75 from the gv of each shop for the disturbance caused. The VO contended that the period when the shops were materially affected was only 3 months, but the ratepayer contended that it was 12 months. LT held that it was unfortunate that the proposals in these appeals were lodged at the end of the total period concerned, but on the authority of Barratt v Gravesend Assessment Committee (1941) 2 KB 107 the valuation dates must be taken as the dates of the proposals, when the works were almost at an end and disturbance had nearly ceased. A tenant coming fresh to the scene would take that fact into account and would not reduce his bid for the subject premises. Even if the proposals had been lodged at the beginning of the works, the degree of