Second Floor, Grimaldi House, SW1Y 4JH
Offices and premises Decided 20 June 2022 CHG100189604 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 sought a 37.5% reduction for material changes arising from four major construction schemes affecting the St James's Square locality. The VO allowed 20%. The tribunal found that whilst the works (including adjacent demolition at 30 St James's Square and multi-year refurbishment at 24-25 St James's Square) were severe and would have impacted a hypothetical tenant's valuation, the evidence did not support the full 37.5% reduction. Relying on the Upper Tribunal's judgment in Hostsoho Limited v David Jackson (allowing 25% for two sets of works), the tribunal allowed 30% as reasonable, having regard to the intensity and duration of the disturbances.
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
- Photographs, Expert report
- Cases cited
- Hostsoho Limited v David Jackson (VO) [2019] UKUT 0166; Berrill v Hill RA/34/99; Dawkins (VO) v Ash Brothers and Heaton Ltd [1969] 2 AC 336; Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC)
- Hearing
- 24 May 2022
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