Re: Council Tax Liability Order Applications Court Costs – Test Case
Justices' Clerk for Humber & South Yorkshire
Doncaster Magistrates' Court
PO Box 49, The Law Courts
College Road
DONCASTER DN1 3HT
29 April 2013
Dear Justices' Clerk
Re: Application to State a Case – Grimsby Magistrates’ Court
In the absence of a response to my 5 February 2013 letter I request consideration be given to issuing a certificate under section 111(5) of the MCA 1980, documenting the reasons why the justices have refused to state the case. This will enable further investigation to the merits of my case by seeking the High Court’s permission to proceed with a claim for a mandatory order.
I have sought legal advice and understand that in a straight forward case, a justices’ clerk’s refusal to state the case until a recognizance has been entered into, does not constitute a refusal, and would not ordinarily be obliged to supply the applicant with a certificate stating that the application has been refused.
However, this is not straight forward as the justices have exercised their discretion to require a recognizance, knowing I qualify for fee remission. This would signal that in the unlikely event, all or part of the £500 became payable, it would cause financial hardship. In any event, not setting a recognizance fee would not prejudice the Magistrates’ court’s position.
It can therefore be argued that my means have not been taken into account in considering the amount set for the recognizance, something the magistrates must do.
Presumably the sum is set at a level that would commit the applicant to the case, but bearing in mind magistrates must take into account a person’s means, if decided necessary, a recognizance should be set at a level that does not deny that person access to justice. Of course if the case is considered to lack merit, this would also factor into any consideration.
From a perspective of commitment and having a valid case arguable in law, neither of these give rise to warrant recognizance. The following, is a record of the correspondence which you have (or can access) and supports claims that an argument has been prepared to be put before the High Court.
The above are the relevant documents sent to Grimsby Magistrates court in respect of the November 2, 2012 liability order hearing. Additional evidence has been compiled in the interim and will contribute further in support of an argument to be put before the High Court.
Please acknowledge receipt of this letter and provide either a response addressing the issues I’ve raised or certificate stating that my application has been refused explaining the reason.
If a response is not forthcoming within 14 days I will take it that the justices are both refusing to state the case and to give a certificate and will apply for permission to bring judicial review proceedings for a mandatory order requiring the Court to state a case. In these circumstances magistrates can be required to pay the costs for the various fees involved in applying to the High Court for this order.
Yours sincerely
Justices' Clerk for Humber & South Yorkshire
Doncaster Magistrates' Court
PO Box 49, The Law Courts
College Road
DONCASTER DN1 3HT
29 April 2013
Dear Justices' Clerk
Re: Application to State a Case – Grimsby Magistrates’ Court
In the absence of a response to my 5 February 2013 letter I request consideration be given to issuing a certificate under section 111(5) of the MCA 1980, documenting the reasons why the justices have refused to state the case. This will enable further investigation to the merits of my case by seeking the High Court’s permission to proceed with a claim for a mandatory order.
I have sought legal advice and understand that in a straight forward case, a justices’ clerk’s refusal to state the case until a recognizance has been entered into, does not constitute a refusal, and would not ordinarily be obliged to supply the applicant with a certificate stating that the application has been refused.
However, this is not straight forward as the justices have exercised their discretion to require a recognizance, knowing I qualify for fee remission. This would signal that in the unlikely event, all or part of the £500 became payable, it would cause financial hardship. In any event, not setting a recognizance fee would not prejudice the Magistrates’ court’s position.
It can therefore be argued that my means have not been taken into account in considering the amount set for the recognizance, something the magistrates must do.
Presumably the sum is set at a level that would commit the applicant to the case, but bearing in mind magistrates must take into account a person’s means, if decided necessary, a recognizance should be set at a level that does not deny that person access to justice. Of course if the case is considered to lack merit, this would also factor into any consideration.
From a perspective of commitment and having a valid case arguable in law, neither of these give rise to warrant recognizance. The following, is a record of the correspondence which you have (or can access) and supports claims that an argument has been prepared to be put before the High Court.
- Twelve letters in total sent as attachments in an email (22 October 2012) to Grimsby Magistrates' court’s listing Manager, comprising evidence that costs claimed and awarded were not reasonable (Re: Council Tax Liability order Hearing - 2nd November 2012). Letters were dated 16, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28 of September and 1 October 2012, all with reference NG/CTR/12912.
- Another email (28 October 2012) sent to the same Manager had two further correspondence attached, comprising a summary, additional information and a claim for costs. Letters were dated 26 and 28 October 2012, again with reference NG/CTR/12912.
The above are the relevant documents sent to Grimsby Magistrates court in respect of the November 2, 2012 liability order hearing. Additional evidence has been compiled in the interim and will contribute further in support of an argument to be put before the High Court.
Please acknowledge receipt of this letter and provide either a response addressing the issues I’ve raised or certificate stating that my application has been refused explaining the reason.
If a response is not forthcoming within 14 days I will take it that the justices are both refusing to state the case and to give a certificate and will apply for permission to bring judicial review proceedings for a mandatory order requiring the Court to state a case. In these circumstances magistrates can be required to pay the costs for the various fees involved in applying to the High Court for this order.
Yours sincerely
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