Section 88 Consultancy began when our founder was asked by a long term friend to assist them after a public house that they owned had been nominated as an Asset of Community Value (ACV). A solicitor and a barrister had been brought in already but had been unable to stop the property from being listed as an Asset of Community Value.
Like many people they had never heard of an ACV before and had no idea what implications this nomination would have.
A internet search brought up lots of information on how to nominate an asset etc. (https://mycommunity.org.uk/take-action/land-and-building-assets/assets-of-community-value-right-to-bid/)but very little information for owners, especially if they did not agree with the nomination.
It quickly became apparent that in order to challenge the decision a great deal of research would be required (case law, legislation, previous decisions by the council etc) as the decision to list was in the opinion of the local authority, legal challenges would not be enough.
A search through first tier tribunal decisions showed very few nominations had been successfully removed, even with a Queens Council barrister representing the owner as the criteria for a successful nomination is very low.
We started off looking at ACV listings throughout the England and discovered approximately 4 out 5 ACV nominations submitted are successful.