Tim Baldwin of the Garden Court Public Law Team has produced a case analysis in partnership with LexisNexis.
The case analysis includes the practical implications of the case, the background, the court’s decision and case details.
The Court of Appeal dismissed Network Rail Infrastructure Limited’s appeal against a decision of the Upper Tribunal concerning the business rates treatment of advertising rights at Victoria Station and Liverpool Street Station in London. The court held that sections 64(2) and 65(8) of the Local Government Finance Act 1988 (LGFA 1988) deem a qualifying right to use land for the purpose of exhibiting advertisements a hereditament in the occupation of the person entitled to the right.
The court rejected Network Rail’s argument that the phrase ‘let out’ in LGFA 1988, s 64(2) required a qualitative assessment of the degree of separation between the advertising right and the host hereditament. Instead, the court found that ‘let out’ simply referred to the creation of such a right, with no additional requirement for paramountcy of occupation or control.
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Tim Baldwin
Tim Baldwin is ranked in Chambers UK for Social Housing, Community Care, and Civil Liberties and Human Rights and is also identified as a leading junior in the Legal 500 for Social Housing, Court of Protection and Community Care, and Administrative Law and Human Rights. Tim is highly regarded for his public and administrative law practice. Tim’s wide-ranging expertise involves complex challenges drawing on experience of overlapping areas, including disability and discrimination, housing, community care and social welfare, Court of Protection and Deprivation of Liberty Safeguards (DoLS), civil liberties, human rights and inquests, planning, commercial judicial review and judicial review of regulatory bodies and Ombudsman cases. He is Co-Chair of the Housing Law Practitioners’ Association (HLPA), and a member of the Legal Aid Practitioners Group (LAPG) advisory panel.
