PUBLIC DISPUTE RESOLUTION - The Magistrates Court

Ignorance of the law is no excuse.

The law operates without fear or favour.

The Plaintiff / Complainant / Claimant (“C”) CALLS THEIR COURT as equal kings or queens - public facilities include HM Courts and Tribunal Services

The COURT SERVES the claim, summons or arrest warrant on the Respondent / Defendant (“R”)

Defending a claim in the Magistrates Court:

Apply under ^[2] section 3A Case Management at (4) for the prosecution case progression officer (“CPO”) to settle your points of law raised in your notices efficiently before trial.

1. • If they do not provide a CPO, or
   • If they do not respond in a reasdonable time or
   • If they do not respond in a meaningful manner,
   • then apply to court for their case progression officer at (5) on the grounds of the prosecution's breach of their legal obligation.

Apply for full, accurate and complete disclosure for all documents submitted for application of summons under:

• • section In section 1(1) of the Magistrates Court Act 1980, and
  • section 14(1) of the MCR2020, and
  • Civil Procedure Rules (“CPR”) 5.4B (1) and (2).
  • This should include your pre action protocol asking them to prove their claim and your obligation to comply with their command!

This is your common lawful right under Regina v Brentford Justices ex parte Catlin[1975]^[3] where Lord Widgery CJ said:

"A decision by magistrates whether to issue a summons pursuant to information laid involves the exercise of a judicial function, and is not merely administrative. A summons (or warrant) is merely machinery for giving a defendant notice of the proceedings and for getting him before the Court. If a Magistrates authorises the issue of a summons without having applied his mind to the information then he is guilty of dereliction of duty and if any justices clerk’s office a practice goes on of summonses being issued without information being laid before a magistrate at all then a very serious instance of maladministration arises which should have the attention of the authorities without delay…”, and

IF THEY HAVE FAILED TO SUBMIT YOUR PRE ACTION PROTOCOL NOTICES THEN send your first invoice for payment at your rates expressed in your notices to "C".

[1]  Council Tax (Administration and Enforcement) Regulations 1992 §34(5)(b) and 34(7) http://www.legislation.gov.uk/uksi/1992/613/contents/made

[2] https://www.justice.gov.uk/courts/procedure-rules/criminal/magistrates-courts-rules-1981.pdf

[3] Regina v Brentford Justices ex parte Catlin [1975] QB 455 1975 https://swarb.co.uk/lisc/Magis19701979.php