What happens after I lodge an appeal?
As explained in the NIVT Information leaflet and on the NIVT website you can
choose to have your appeal dealt with in writing (written representations) or through
personal attendance at a hearing.
Written Representations - If you are content, and have indicated accordingly on
your appeal form, your case can proceed without an oral hearing. Your appeal will
therefore be decided by the tribunal solely on the papers provided by the department
responsible for making the decision in your case, together with any written
submission or evidence you or your representative forward to the NIVT office.
For this reason it is vital that you forward any information, document or material you
intend to rely on to the NIVT office as early as possible. A leaflet is available
providing guidance on Evidence submitted to the NIVT.
All such representations are copied to the other parties. There is then a statutory 28
day period to allow for comments. Only after this period can a Tribunal panel then
deal with your appeal. You will be informed of the date the Tribunal will consider
your appeal and a written decision will issue shortly afterwards.
It should be noted that in some circumstances the NIVT office may advise you that a
hearing will take place because another party to the proceedings has requested one, or
the tribunal panel has decided that one is necessary in order to deal with the case as
fully as possible.
Of course you may also change your mind and if you decide you want an oral hearing
you must inform the NIVT office as soon as possible and follow up in writing.
Oral hearing - This is where you (and your representative if you have one), attend in
person to put forward your case and present your evidence directly to the tribunal. A
representative of the department who made the decision will also attend. This will
normally be the valuer who most recently inspected your property.
As explained in the NIVT Information leaflet the NIVT consists of a President, a
number of legal members, members with valuation experience, (valuation members)
and a number of ordinary (lay) members. At the hearing, the Tribunal panel will
normally be composed of three members, one from each of the three categories. The
legal member will always preside over the hearing (the chairman).
NIVT hearings are normally heard in public. You should note that the following
people are entitled to be at a hearing, whether it is in public or private. However they
do not take part in the proceedings:
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the President
any person undergoing training as a legal member/panel member/ tribunal
clerk
any person training panel members or monitoring the standard of decision
making
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and any other person with the consent of the chairman
We will send you details of the date, place and time of the hearing. We will do this at
least 28 days before the hearing date. Please note that the time stated will be the
earliest that the hearing will begin. Delays do occur because it is impossible to
estimate how long each appeal will last, however, waiting time is kept to a minimum.
At the hearing you will be met by the Clerk, who will explain to you where to go and
what will happen. The clerk will take you into the tribunal room when your case is
ready for hearing.
The exact manner in which the hearing is conducted is a matter for the Chairman, but
most cases follow the same general pattern:
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the Chairman introduces everyone and explains how the hearing will proceed;
the department’s representative briefly outlines the way that he/she sees the
case;
you (or your representative) then have the opportunity to present your case;
the Chairman and/or members of the tribunal will ask questions and consider
any additional evidence as the hearing proceeds;
the department’s representative may also ask you questions;
similarly you may ask the department’s representative questions.
Although those participating in a hearing will not normally be asked to take an oath,
all parties should be aware it is their duty to tell the truth at all times. Whilst the
tribunal endeavours to remain informal, occasionally a witness may be asked to give
evidence on oath.
The tribunal can only come to a decision based on the evidence presented to it at the
hearing. Accordingly it is important that you provide the tribunal panel with all the
relevant information at your disposal. It should be noted that any documents or
evidence not previously disclosed (to the other party or the NIVT) but presented at the
hearing can result in the case being adjourned to allow the other party time to respond.
The tribunal panel will usually break for a short time to consider and discuss the case
in private. The parties will normally be asked to return to the waiting area. The Clerk
will inform you when you can return to the hearing room.
In the majority of appeals the Chairman will announce the panel’s decision on the
day. Occasionally it may be necessary to adjourn the hearing to allow for further
consideration. In either case a notice of decision will be issued to all parties as soon
as possible after the hearing (usually within 3 to 4 weeks) explaining how the tribunal
came to its decision.
NB: The issued decision is a document of public record and will be made
available on the tribunal’s website at http://www.courtsni.gov.uk/enGB/Judicial%20Decisions/NIVT-Decisions/Pages/default.aspx. In certain limited
circumstances you may ask for this to be redacted.
If your appeal is refused, and depending on the circumstances, you have 14 days from
the date of receipt of the written decision to apply to the tribunal to review its
decision. Please contact the NIVT office for help and advice on the applicable
grounds for appeal.
Comments / suggestions – We always welcome suggestions from our customers. By
making comments about our services you help us to improve them. If you have a
comment or suggestion please contact the NIVT office as outlined below.
A complaints procedure is in place and available to parties who are dissatisfied with
the administrative service provided by the Northern Ireland Valuation Tribunal. By
making a complaint you help us to put things right. The complaints procedure should
be initiated in the first instance by contacting 0DUN5DGFOLIIH, the NIVT Complaints
Officer, at the address or numbers below.
Contact Information
CROLQ%RZHQ
NIVT Secretary
Northern Ireland Valuation Tribunal
2nd Floor, Royal Courts of Justice
Chichester Street
Belfast BT1 3JF
Tel: 0300 200 7812
Fax: 028 9031 3510
Web: www.courtsni.gov.uk
Email: [email protected]