Council Tax Valuation Tribunal Appeals

monkeysavers

When appealing against the Council at a Valuation Tribunal, does the Council have to let you know their evidence or any details of their side of the claim prior to the Hearing?
A relative has a hearing scheduled but the Council refuses to disclose any details, and denies that they have any such duty, despite some vague information to the contrary in Tribunal brochures. Can anyone help regarding this?
It seems very peculiar that citizens could be expected to go before a tribunal or court without knowing the specifics of the case the other party plans to make and the evidence they seek to use.

CSL_2

monkeysavers wrote: »

When appealing against the Council at a Valuation Tribunal, does the Council have to let you know their evidence or any details of their side of the claim prior to the Hearing?
A relative has a hearing scheduled but the Council refuses to disclose any details, and denies that they have any such duty, despite some vague information to the contrary in Tribunal brochures. Can anyone help regarding this?
It seems very peculiar that citizens could be expected to go before a tribunal or court without knowing the specifics of the case the other party plans to make and the evidence they seek to use.

Would be most useful to know all of the text that has been received from the VOA. Without this, its is very difficult for any of us to advise on a pragmatic way forward.............!!!


CSL

monkeysavers

Thanks for commenting CSL but I'm not sure what you are asking about. The appeal relates to a dispute regarding Liability for council tax. The question we have is whether or not the Council has a legal duty to disclose whatever evidence it has, at least in general terms, to the appellants prior to a Valuation Tribunal hearing. The Tribunal urges the sides to discuss the evidence and share intentions about generally what they will show, prior to the hearing. But the Council doesn't want to do this at all.

CIS

Can I ask in why you are disputing liability ?

This looks like it has the answer http://www.valuation-tribunals.gov.uk/guidance-notes/Notice%20of%20Hearing%20for%20CTL.pdf otherwise you may find the answer here http://www.valuation-tribunals.gov.uk/valuation_tribunals.html

monkeysavers

Thanks CIS but I cannot get into specifics without divulging private details and also it is effectively sub-judice the pending proceedings so would not be appropriate to discuss details publicly. However, the reasons for the appeal should not affect the ansewr to the basic question posed at the top of this post, which is a question of legal obligation.
The links you cited are helpful but very general and do not seem to provide a level of detail that specifically answers the question.

andysstuff_2

The Valuation Tribunal is not a court of law like say the county court is, to that end I doubt that sub-judacy laws apply.

Similarly I doubt there is a legal requirement for the Council to disclose information, although I guess it would be better for all parties if they did.

If in doubt, ring up the Clerk to the Court. The Valuation Tribunal is independant of the Local Council and should be able to advise you on legal matters that pertain to hearings.

monkeysavers

The Valuation Tribunal information brochures, including the online version cited above, states that the Tribunal service "expect" the council and appellant to discuss the information/evidence (ie, tell each other at least in general terms what each side will present), in advance of the hearing. There is also a reference to two-weeks before trial.
There is also a legal right of the appellant to see inspect the information and make copies of it if giving reasonable advanced notice to the Council - but obviously this cannot be done if the Council won't say what they are planning to use. In this case, the council says they don't have to say anything at all before the hearing. This seems in stark contrdiction to the guidlines of the Tribunal and probably the contrary to the law.

monkeysavers

A fellow moneysaver has discretely referred me to legislation that stipulates the obligation upon the Council in relation to the Valuation Tribunal , for advance disclosure to ALL the parities, of the information they will use at a VT hearing.

Can anyone comment on this? Those moneysavers with connections to a Council, whose insights on the boards are always helpful so far, appeear to have gone silent.