Common sense prevails in Appeal Court judgement

7 July 2020

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Cooke & Arkwright has recently been involved for rural landowners in a Court of Appeal case where an agricultural tenant was seeking to restrict the rights of the landowners to enter onto the land for the purpose of various inspections and surveys, some of which were related to potential future development of parts of the land.

The Court of Appeal handed down the judgement this week which found in the landowner’s favour with an approach to the interpretation of such entry provisions which advocated a common sense, practical view and not a narrow restrictive view.

This can only be of help to professionals dealing not only with rural property, but with all aspects of property, and property management where good and constructive relationships between landowners and tenants is in the best of interests of both sides.

Cooke & Arkwright have been providing rating valuation advice to The Welsh Rugby Union Limited (“WRU”) and Millennium Stadium plc for many years. They were recently successful in achieving substantial reductions in the assessments of the Millennium Stadium, covering both the 2005 and 2010 rating list. These negotiated reductions yielded savings of c.£3.5m which, crucially, allows the WRU to re-invest in rugby throughout Wales. They advise the WRU across the group portfolio including the National Centre of Excellence in the Vale of Glamorgan. The valuation issues across the WRU portfolio are complex requiring a high level of understanding of the funding and finances of professional sport in Wales. Cooke & Arkwright’s experience and understanding of these issues and application to the rating valuation have yielded these substantial negotiated reductions. The WRU and the Millennium Stadium entrust our work to organisations with the required levels in experience and expertise in dealing with these complex issues. I am glad to say we have this expertise in Wales. I would have no hesitation in recommending ratepayers making use of this Welsh based expertise.

Steve Phillips, Group Finance Director, Welsh Rugby Union Group