Part 2: Appendix 1 - Presenting your case to the VT

The Valuation Office Agency's (VOA) technical manual for the rating of business (non-domestic) property.

Presenting Your Case To The VT

The following are some hints on presenting a case to the VT. Personal style and presence at the Tribunal can only develop with experience. Practice will usually make perfect and confidence will always be boosted by:

  • thorough case preparation
  • knowing what one is going to say
  • anticipating the questions likely to be put by the other side.
  • Considering the questions to ask the appellant to clarify or emphasize a point.

Remember, the VOA caseworker will be more used to appearing before the VT and will have an understanding of what the VT members require and look for. It is highly likely that the ratepayer’s representative will not possess this knowledge and may well have less experience of presenting cases at VT.

Your duty as expert witness is to the Tribunal whereas when advocating the case you are trying to present the best case possible for the VO. You should on both accounts see Section 7 Part 1 for further details of these roles

Being prepared and fully understanding your case, both strengths and weaknesses will enhance your credibility when presenting a case as an advocate or giving evidence as an expert witness.

Good documentation, coupled with a prepared and well produced case, will always provide the foundations necessary to enable any caseworker to speak with confidence. These tips will also help:

Distinguish between when acting as Expert Witness and Advocate

A caseworker is permitted to act as both advocate and expert witness at valuation tribunal, but the RICS professional statement ‘Surveyors acting as advocates’ obliges you to distinguish at each stage which role you are undertaking. For example, stating “I will now present my expert evidence” and when finishing “That now concludes my expert evidence”

Assistance during a hearing

When a caseworker is giving their evidence as expert witness the opinion must be their own. Colleagues or advisers should not be prompting, giving advice or guidance during a hearing when a caseworker is giving their evidence or when they are being cross examined on their evidence.

When making submissions or counter submissions as advocate at a hearing, it is then permissible for colleagues or advisers to assist and give prompts/ advice to a caseworker, in the same manner that a solicitor/ client might instruct their barrister in the course of a hearing.

Reduce the points to be made to the minimum

Drafting a statement of case and skeleton argument [for the advocacy role] and proof of evidence [for the role of expert witness] well in advance will provide a caseworker the time necessary to edit a case down to the essential points that need to be got across. There is a limit to the amount of information that VT members can take away with them. Make sure they retain the essentials by not overloading the case.

Avoid undue repetition

In the formal presentation of a case there will be some element of going over the same ground. In the opening statement, the VT is told what is going to be said in evidence and submission. That evidence is then given and the advocacy made. In the concluding statement, the points made in the case are emphasised to the VT. Hence, the opening and concluding statements should not be overlong and give in outline only what will be said in evidence and submissions.

Be brief

A case and the evidence should be put concisely, but presenting and getting important points over should not be sacrificed to brevity. Obtain the balance needed to convince the VT, without losing their interest.

Speak with confidence

Stand up to address the Tribunal. Identify yourself (and introduce others, if required). As a witness, give qualifications and experience. Speak clearly, make sure the words are being heard and do not rush either the case or the evidence. There is a natural tendency to speak too quickly in a formal situation. Guard against this, but avoid the opposite extreme of sending the VT members to sleep!

Politeness and Court Etiquette

While the VT is informal in its procedure, bear in mind that it is the hearing of a legal appeal and so the normal etiquette appropriate to a Court should be followed. The members should be addressed as Sir/Madam. Remarks should be addressed to Mr/Madam Chairman (in some areas the term “Chair” may be preferred. In cases of doubt, ask how they wish to be addressed.). Collectively, the members should be referred to as “the Tribunal”.

Slang and Jargon

Do not use it. Beware of using technical terms and do not assume that the VT members will understand them. For example, explain how the zoning method of analysis and valuation works or how an area is reduced to ‘in terms of main space’, etc. The extent of your explanation depends on how well you know the VT members. Do not refer to VO form numbers or terms used internally in the VO.

Retain the attention of the VT members

The attention of the VT may be diverted or the members may start to discuss a point between themselves during a submission. If this happens, stop talking. A sudden silence in the room will soon be noticed and one should continue only when it is quite certain that the VT is listening once more (often by an indication from the chairman).

Be objective and impartial

The VO is looking to maintain an accurate rating list. So, giving the impression that a win at all costs is wanted must be avoided. The VT need to be convinced that the VO has approached the matter objectively and has arrived at the correct result by taking into account all the relevant evidence and giving it the correct weight.

Do not magnify the merits of your case

By all means present a case assertively and stress the strength of the evidence. But beware of overkill. It is not good to have the VT members saying to themselves, “Methinks the VO doth protest too much”!

If there is a flaw in your case, reveal it at an early stage.

No case is ever perfect and it is unlikely that the VT or the other side will miss or overlook a weakness in an argument. It always gives a considerably better impression if a flaw is admitted early on and an explanation given on how it has been allowed for or taken into account.

Be careful not to impugn the Rating List that of any other VO

The unhelpful comparable needs to be dealt with carefully and the response to it should be carefully prepared. A VO should not normally be heard to say that an entry in a List is incorrect, at least at the time it was made. It should be possible to support a case on the strength of the weight of evidence from both rents and comparables, with rents likely to carry the greater weight. Where a comparable is clearly out of line and cannot be distinguished, the VO should take action to alter the list. If time does not permit this, the VT should be informed that the issue will be investigated. Any suggestion of “changing the goal posts” by a wholesale review should be avoided. See ITM Corp v Mooney (VO) 1983 RA 145, quoted at E485 in Ryde.

Under cross-examination

Fully prepare for this by anticipating any questions likely to be raised. Identify weaknesses in the VO case and how they can be answered by admitting to the facts fully and truthfully yet at the same time drawing attention to any mitigating factors. Bear in mind the re-examination stage for this purpose if necessary.

Cross-examination of the other side

A golden rule is not to go on a “fishing expedition”. The wise advocate will know the answers to the questions that are going to put and the object is to allow the witness to provide them. Where such matters as the method of measurement or the basis and details of valuation are at issue, the witness should be questioned to highlight the principles and points involved. Hopefully it will not be necessary to use this stage to obtain factual information that should have been agreed previously. A pre-hearing review would be a better venue to ensure that such information is disclosed. A witness who will not give the answer sought should not be pursued. This is particularly the case where an un-represented ratepayer is giving evidence. Do not try to be a “Perry Mason”.

Concluding Statement

This is important. It is the last opportunity to ensure that the VT goes away with all the VO points clearly in mind. It should be reasonably brief, but should stress all the strong points in the VO case and a rebuttal to those of the other side. Always remember that new evidence should not be introduced at this point. Conclude by asking the VT for the dismissal of the appeal or the value and entry being sought.

Inspection by the Tribunal

The VT has discretion so far as inspection of the appeal property and comparables are concerned, for England see regulation 34 of SI 2009/2269, for Wales SI 2005/758 regulations 30(11) & (12). They are to invite the parties to be present. They have no right of entry and may inspect comparables only “as far as is practicable”, see 2009 regulation 34(1)(b) and 2005 regulation 30(11)(b). However, there may be cases where the evidence is contentious and an inspection will be very helpful. The suggestion could be made, “No doubt the Tribunal will wish to inspect …”

Presentation Techniques

Effective delivery of a presentation can be considered in three main areas

  • how your words are delivered
  • non-verbal behaviour
  • stance

How You Say Your Words

  • use plain English - explain rating terminology in layman’s terms, for both the VT and the appellant.
  • keep sentences short, with frequent pauses. This will make the speaker much easier to listen to and allow time for the VT and appellant to take in what is being said.
  • limit the use of jargon, repetition and abbreviation.
  • know your subject, this will help you to sound more confident.
  • avoid overkill, be concise and to the point. Bear in mind that the VT can only take in and, more importantly, retain so much information. Cut out irrelevancies. Reiterate key points as a conclusion, so that the VT members go away with these points fresh in their minds.
  • if you do not know the answer to a question, do not attempt to bluff your way out of the situation, such insincerity is generally easy to spot and will damage your credibility.
  • be enthusiastic, present your case with conviction, but avoid amateur dramatics.
  • remember the 3 aspects that enhance the clarity of your presentation:

1) VOLUME

  • people will stop listening if they have to strain to hear you.
  • speak clearly, but do not shout.

2) TONE AND PITCH

  • monotony is tedious.
  • be expressive with your voice, emphasise words and phrases that are important.
  • nervousness can tense up the muscles in the throat and chest, which can cause the voice to lose its ‘natural colour’. Breathing deeply allows your voice to flow naturally.

3) PACE

  • If you articulate well, speed of delivery may not be a problem.
  • however, it will be problematic if you stumble over or slur words or deliver at such speed that no one can follow what you are saying.
  • use pauses to slow yourself down, let the VT absorb what you are saying. Try to speak slowly and clearly.

Non-Verbal Communication

Your non-verbal behaviour can say just as much about you as the words you speak.

  • keep your face animated and alert.

  • maintain eye contact to:

  • personalise what you are saying, i.e. convey that this is your case, which you have spent considerable time preparing, you are therefore very familiar with the subject matter and therefore competent to speak about it.

  • keep the interest and attention of the VT.

  • keep a check on whether or not the VT is following what you are saying.

  • boost your credibility and confidence - listening to someone who has not established eye contact does not inspire these traits.

  • do not stare. Shift your gaze amongst those you are addressing, as you would in a normal conversation

  • many people use their hands to emphasise what they are saying. There is no need to stop doing this when you are presenting your case. If such movements are part of your natural posture they will not distract. But avoid:

  • shuffling papers

  • jangling change or keys which are in your pockets

  • playing with pens and jewellery, etc

  • address your case to the Chairman and when answering questions direct your responses to the Chairman.

Stance

In deciding whether to stand or sit when presenting a case, you will need to take your lead from the expectations of the VT. For remote hearings it will normally be appropriate to remain seated in order to stay within the camera view. Standing evenly, distributing your weight through both feet, gives a natural well-balanced look.

Avoid

  • leaning against furniture
  • swaying to and fro
  • pacing up and down
  • sit straight but be relaxed