Justice Clerks Society Liability Order Procedure update…

Due to challenges to the process in various quarters, including questions from MP’s” the Justices Clerks’ Society has updated their procedures regarding Council Tax Liability Orders[1]:

THE SUMMONS:

At 1 the complaint list is provided to the court (usually email but if hard copy then 2 lists),

At 2 reviewed by legal advisor or authorised delegate,  at 3 those summons approved are emailed to court for their record and then forwarded to complainant, and  at 4 if 2 hard copies one is retained by the court and other returned to complainant, otherwise the court retains only copy and complainant notified of results. At 5 records for summons must be retained for 3 years,

At 6 the complainant prints and serves the summons, which

At 7 do not require wet ink signature, and NOT IN GUIDANCE must comply with Magistrates Court Rule 98[2] and contain (a) Name and address of complainant, and (b) when and where respondent must attend, and (c) specify each information or complaint laid, and (d) identify the name and address of the issuing court office who MUST record the name of the justice or person who authorised it.

THIS STILL DOES NOT ADDRESS THE FACT THAST THERE IS NO CASES BEFORE THE COURT AS THERE IS NO CASE NUMBER ON THE SUMMONS!

 

THE LIABILITY ORDER:

At 1 those who wish to attend in person must be allowed to do so, and

At 2 for the day the complainant must provide updated list (remove those who paid, withdrawn, or contracted into payment, and

At 3 the court hears the bulk application where each person will receive a default judgement and the complainant will be granted their wish.  At 4 any person attending or writing to the court ‘is dealt with individually and orders made (or not made) in their case and their attendance recorded. Their attendance or otherwise is also recorded’.  At 5 the legal advisor records the same, and where not made out at 6 the legal advisor records that on the bulk list of actual order against defendant’s name.  At 7 the council has a list and at 8 that is entered into the court register.

At 9 adjourned cases are individually and case entered and resulted.

At 10 “The results are disclosable under Rules 66 [of] MCR 1981’ (by a certified extract template onto which the result should be copied).

 i.e. nothing will change except they will send a certified extract under MCR 68 from the bulk listing.

THIS WILL ADDRESS COUNCIL ADDING £30 ON TOP OF THE ORDER GRANTED BY COURT.

[1] https://www.whatdotheyknow.com/request/957241/response/2324995/attach/2/procedure%20in%20liability%20order%20application%20rev2023.pdf?cookie_passthrough=1

[2] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1083879/magistrates-courts-rules-1981-jun-22.pdf

Justices Clerks Society – procedure in liability order application rev2023

26 thoughts on “Justice Clerks Society Liability Order Procedure update…”

    • No one can evidence the right to knowingly cause another harm…
      So you need to create a contract by conduct/performance whereby you set out as they have not shown any obligation upon you for their demand should they continue continue acting in the same manner they are breaching you right and the fee schedule sets out your terms of business for those who trespass on your rights…
      So it is how you express your fee schedule.

  1. Hi Marc.
    We were in court today for the summons sent by our council with regards to non payment of council tax.
    Both of us were nervous but had confidence in what we have learnt from your courses.
    We have followed the process you have set out to the letter.
    As expected it was nothing more than a court of administration where a liability order bulk application was being asked for.
    The magistrate gave us the the opportunity to put our case forward but when we explained that we had presented our argument to the courts 14 days prior to the hearing to give the magistrate time to put his mind to the matter, and had followed up with reminders totalling to 6 emails, he asked us to summarise our argument as he didn’t have time to review all the information we had presented, we then asked him three times was this a court of law or administration , each time he answered he was only here to see the council had followed the procedure correctly . And when we challenged him that he was accepting the case for a liability order from the council without listening to out argument in full. He granted the order without further discussion. We said we will appeal and he replied “That is our right to do so”.
    How do we appeal ?
    Regards
    Steve + Katharine.

    • We have a number of people who are taking this further and that is by way of a section 111. It is pointless everyone taking it all the way as we need to apply new knowledge as it becomes available to dismantle the nonsense and failure of the magistrates to do what they promised in their judicial oath which is to act according to law and not the will of Parliament and its agents!
      If you could make a witness statement and put in a section 111 that they failed to provide a reasoned explanation as to how they reached their decision to rebut your response to the information laid by the council which they are obliged to do, and they simply said they dont have time is the admission of running an unlawful administrative court.

          • Hi Marc

            We are in the process of sending the witness statement under section 111,
            Do we complete an N161 as part of the Section 111, or just send the witness statement under the heading Section 111?
            Also there is no clear direction where to send it.
            The court we attended is not replying to any of the emails / notices we have sent them, so I’m not inclined to send this there too.
            Any help will be greatly received.

            Steve.

          • Heading: S111 statement of case by ???? Court for the opinion of the High Court

            Then list the questions you want the High Court to answer for which your witness statement is supporting evidence.

            Send to Magistrates as they must prepare the case

    • Sorry this site is about fundamental law and not specific areas.
      Under get involved you can join regional telegram groups where you will be able to ask for specific help if it is within anyone’s knowledge and often you will get some further guidance.

  2. Hi Marc,

    Quick update on our summons and subsequent notice to appeal. To date we have sent the courts 14 emails which include your notices ,to which they have responded to only 1, this was to show us the memorandum of an entry, ( without our names ), we are hitting a brick wall but will carry on looking for a way in.

    Steve.

  3. Hi Marc.

    I hope you are well and Brian the same.

    Our S111 appeal has been answered with a Certificate of Refusal to State a Case…. issued by the District judge who sat at our hearing.
    I will carry on with this and pursue it to the Higher Courts for a judgment on this matter and keep you up to date with events as they unfold .
    On another matter, Im sure you are aware of the recent case on Dec 2023 Leighton V Bristow & Sutor Cardiff HJC Judgment 20230920V Final
    Before HIS HONOUR JUDGE HARRISON, Judge of the High Court.
    His comments on the whole CT process regarding issuance of liability orders and their enforcement are interesting, and recognises the difficulties which arise as a result. He also states the liability orders issued are in fact misnomers and the whole process is “ripe for review”.

    Regards
    Steve.

  4. Hi marc.
    Just a quickie.
    I had bailiffs remove my car for council tax.
    They showed I d.
    but referred to council about removal.
    Never showed anything from court. No authority shown as stated in the bristow and sutor case.
    Police threatened breach of the peace to help bailiffs remove car.
    Council printed a liability order after removal.
    Council shocked car removed.
    Now. My question is should I report car stolen and make a complaint about police at the same time?

  5. Hello All
    I have been avidly learning about all of these processes and want to create a precedence.
    Currently, I have a situation with parking on council property car park and the balifs have gone as far as claiming “warrant of control”, clamping of company property (the van is a company van (my company)) on my property and making a claim of interfering with stolen goods, reporting the van as stolen (somehow the alleged clamp was not on the vehicle allowing me to drive off) and then the next day I was stopped by police and the van impounded for a day or so, but was released back to us on the fact that no court stamped warrant of control was, produced by the DCA to the satisfaction of the police.
    We have now DSAR’d police force, DCA and council.
    The DCA have come back with incomplete paperwork but having admitted that they has “used warrants of control supplied to us” but did not include said WOC in their DSAR return!
    Curious and curiouser.
    Now I am not wanting any advice on this issue, but I am intrigued as to who made the application (in my case) for the WOC (N323) but before that the court judgment proving that there was a debt owed.
    So, with my DSAR’s I will be chasing down this evidence trail because someone is appearing to be telling porkies.
    Now my question is, once we find out that they are bare faced lying, do I make a county (to get an easy win) or high court application for remedy and set a precedent?

    • Depends on value.
      Make sure you go through Leighton judgment first as same principles apply…
      Find duty, evidence breach, show causation of direct damages if any (pecuniary damages) and also non pecuniary damages

  6. Hi Marc received threat of charging order on house.
    Cannot find nocnoc sample response.
    Do I just respond by demanding full and complete answers to legitimate questions raised?
    Or is the appropriate course to wait until you have completed one based on the last court visit?
    Thank you for the tireless work you and Brian et al my sincere best wishes to all
    Andrew 337c

    • I need to get 2 sets of submissions in by 16th and will continue to update over rest of month and hopefully have caught up by then!!! The Kofa and Bakul videos give you the information which needs to go in.

  7. Hi to all, since they are just hiring a room in a court and the magistrate is just getting paid to be there, turning up would give them jurisdiction over you or signify your consent to the proceedings, so personally, I Never turn up for council tax, unless it went to the high court, as this is a real court with real judges, not just a room hired in a kangaroo court. I Stopped paying my CT since C19, and i just ignore them. Peace.

  8. I am nea to the council tax scam – i have stopped my dd and just pay sporadic ammounts as and when i feel like- just to see how they deal with it-
    I was thinking of sending them a forward dated cheque -a year ahead-and then ask them a load of the questions that are now widely known plus asking for proof of no funding of terrorism -and give them a date to prove to me -if not cheque gets cancelled-they cant say i refused to pay

Leave a comment