First Floor, Grimaldi House, SW1Y 4JH
Offices and premises Decided 20 June 2022 CHG100189496 Conneely Tribe - Austin Marshall
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 9 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant contended that nine office assessments in Grimaldi House had been adversely affected by multiple material changes in circumstances relating to major construction works in the locality, including the Conway compound, reconstruction at 24-25 St James's Square, demolition/reconstruction at 30 St James's Square (party wall), and planned extensive works at Norfolk House. The appellant sought a 37.5% allowance; the VO allowed 20%. The tribunal found that the construction works, particularly those at 30 St James's Square (immediately adjacent/party wall) and 24-25 St James's Square, were severe in duration and intensity, and that the hypothetical tenant would have considered future Norfolk House works. However, the tribunal found the 37.5% allowance was not fully supported by evidence. The tribunal allowed the appeals in part, awarding a 30% allowance across all nine properties, applying the precedent from Hostsoho Limited v David Jackson (which awarded 25% for two sets of works).
Summary generated from the decision text and checked against it. The appellant was Grimaldi Agencies UK Limited, represented.
Grounds argued
- Change of circumstances · decisive
- Change of circumstances
- construction works in the locality
- Evidence
- Expert report, Photographs
- Cases cited
- First – Fourth Floors, 8 Berwick Street (Hostsoho Limited v David Jackson (VO) [2019] UKUT 0166); Berrill v Hill RA/34/99; Dawkins (VO) v Ash Brothers and Heaton Limited [1969] 2 AC 336
- Hearing
- 24 May 2022
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