The PeaceKeepers organisation is relentlessly pursuing justice through the courts, and our ongoing analysis of the High Court judgment reveals a disturbing pattern: the weaponisation of legal costs against individuals who dare to defend their rights. We fundamentally believe that legal costs should serve as a safeguard, ensuring a fair process, not as a punitive measure or a tool for financial coercion.
The Judicial Duty to Determine “Reasonably Incurred Costs”
When a council initiates legal action for council tax, the law is clear: judges have a mandatory duty to investigate the costs claimed and ensure that only those amounts reasonably incurred are awarded. This crucial protection is designed to prevent the legal process from being used to punish citizens. However, in our High Court case, Judge Dame Hill made significant legal errors in her review of how District Judge Healey handled costs, revealing two major areas of concern.
1. Unjustified Summons and Hearing Costs: A Systematic Scam
Liverpool City Council claimed an arbitrary £80 per person for summons and hearing costs in bulk listings. Despite this, they provided no evidence to justify these charges when challenged. In contrast, PeaceKeepers presented detailed evidence demonstrating that reasonable costs should be no more than £12, or even as low as £5.18 for their automated system. Faced with this, District Judge Healey did not award the council the £80; instead, he awarded zero.
While this might appear to be a victory, it is, in fact, an abdication of judicial duty. District Judge Healey had a clear obligation to determine the reasonable cost based on the evidence before him. By simply awarding zero, he failed to uphold this duty. This decision, in a single bulk listing hearing, impacted over 2,500 people, effectively threatening a revenue system that generates millions annually for councils. In Liverpool alone, such hearings, occurring twice a month, contribute nearly £5 million annually, disproportionately extracted from the most vulnerable in society. This is not justice; it is a systemic financial exploitation.
2. Grossly Disproportionate Council Costs: Weaponizing Access to Justice
Beyond bulk listings, councils are using individual hearings to weaponize costs against those who challenge the system. By employing expensive solicitors and barristers, they inflate legal fees to astronomical levels. In our case, a £75 council tax debt led to a staggering £950 awarded in barrister’s fees! High Court Judge Dame Hill found this decision “unimpeachable,” a finding that shockingly disregards two core legal principles:
- Proportionality: How can it be deemed reasonable to award costs that are 80 times greater than the original debt? Such awards are clearly not about recovering legitimate expenses; they are designed to have a chilling effect, deterring individuals from raising legitimate defences and effectively denying access to justice by acting as a punitive penalty.
- Reasonableness and Conduct: Legal professionals, including barristers and solicitors, have a primary duty to the court and the rule of law above their duty to their client. This includes ensuring all relevant legal arguments and authorities are put before the court. When legal professionals fail to uphold this paramount duty, they breach their obligations under the Legal Services Act 2007. The judiciary’s failure to enforce this hierarchy of duties allows for the weaponization of costs and the imposition of extortionate fees.
This practice makes access to the law prohibitive, effectively turning justice into a luxury. PeaceKeepers is taking this fight to the Court of Appeal to challenge this fundamental injustice. As Roger Mann, Head of Legal Services at Liverpool City Council, frankly admitted to our representative, “the council needs the money.” This chilling statement exposes the true motivation behind these inflated costs: a cynical transfer of wealth from the poor to the rich, a stark reversal of the Robin Hood principle.
This issue transcends mere financial figures; it is about upholding fundamental constitutional principles and ensuring genuine access to justice for all. We will continue to expose these practices and demand that accountability is restored to the judicial system.
Feeling frustrated by the system is a sign that you know something is wrong. We’ve created a free online course to give you the knowledge to turn that frustration into effective action. Claim your free spot at https://peacekeepers.org.uk/enrol/.