“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At 2 for the day the complainant must provide updated list (remove those who paid, withdrawn, or contracted into payment, and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
Loving the easy access information and explanations. We are interested to understand as to why Fee schedules are not used. ? Thanks
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.
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.
Thank you for the advise about a witness statement and the section 111.
I will let you know if anything of interest happens.
Steve.
Thanks 🙂
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
Hey. I was given this website by another contact. I would really appreciate some contact regarding family court situation. It is an urgent request.
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.
Thank you.
Steve.
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.