Non legal entity

[Michael8626]

What constitutes the above? Can a partnership be a non legal entity and be exempt from incurring magistrates court costs?

Does non legal entity supersede the partnership act, where partners are jointly and severally liable for all liabilities?

Can somebody clarify please?

[atticus]

Are you able to say something about your reasons for asking this question? I don't think a sensible answer can be given otherwise.

[Michael8626]

I was awarded modest costs against a partnership last year in the magistrates court, it was a liability order set aside hearing. The partnership consists of five individual local authorities. The individual council in question, a member of the partnership are saying the magistrates have identified the wrong individual to be liable for costs. They are stating the partnership is a non legal entity.

[Michael8626]

I should also state seven months have elapsed, the partnership ignored all requests for payment, they ignored a county court money claim, subsequent default CCJ, they have only engaged in meaningful dialogue when faced with the threat of high court enforcement.

[efpom]

If you have a live writ enforce it
LAs are notorious for ignoring court orders until the bailiffs turn up.

[Michael8626]

They have stated they are now seeking to have the ccj set aside and are speaking with the magistrates court to inform them of their error?

if a partnership has been asked to pay costs, legal entity or non legal entity, surely the members of the partnership are liable for all debts?
is their argument deemed tenuous?

[Michael8626]

Can I seek a writ of control if I’ve been made aware they are looking to set aside?

[efpom]

It is difficult to get to the bottom of this, without full details of the facts. Those are absent from OP’s postings.
Doing the best I can, this is my view and I end exhorting the OP to read and act on it’s final paragraph.

IF this is a liability order for non-payment of council tax on a dwelling, it will be a specific local authority that is the billing authority. The fact that a number of local authorities have combined their billing through one entity is nothing to the point.

It seems that the liability order has been set aside following a hearing before a magistrates court, which are civil proceedings not criminal proceedings.

To get any sensible help, it would be wise for the OP to post up a redacted copy of the liability order and a redacted copy of the costs order.

[Michael8626]

I appealed a single person occupancy council tax discount. It took the LA sixteen weeks to even look at the appeal. During that time they obtained a liability order and attempted to enforce it via a warrant of control and bailiffs.

The council then subsequently said they would cancel the liability order pending my appeal, I wanted it struck from the legal record so as to not prejudice my appeal. I sought a set aside hearing, it was granted, the LA chose not to attend, I requested my modest costs at the hearing and they were awarded to me.

[Michael8626]

That was seven months ago, now at the point of high court enforcement the LA are stating the partnership that was listed to pay my costs is actually a non legal entity and thus not liable.

[efpom]

Q1? What is the date on the costs ORDER?
Q2? What is the name of the Local Authority that is written on the costs ORDER?
Q3? Is that the Local Authority for the location of the dwelling?

[Michael8626]

This is all I ever saw, I never saw an actual cost order, would I have been issued a copy?

where the magistrates correct in awarding costs in this manner?

[efpom]

Re Post 12 - cannot read that - resolution too small

[Michael8626]

Sorry, I will try in two parts

[PallasAthena]

I am guessing from your attachments that you live in East Suffolk Council area and the partnership you are referring to is the Anglia Revenue Partnership (ARP).

Just because ARP has partnership in its name does not mean it is a legal partnership under the Partnership Act or that the councils that it acts for therefore have joint and several liability for each other's CT decisions. I haven't researched ARP but it appears to be just an outsourcing arrangement as used by many councils to share costs. It is not an independent profit making making business***

So in my opinion East Suffolk Council ( if that's where you are) remain legally responsible for deciding your CT and if you disagree then they are the correct defendant for your action, not ARP

EDIT *** Section 1 of the Partnership 1890 defines partnership as "the relationship which subsists between persons carrying on a business in common with a view of profit." A council carrying out its statutory functions in relation to CT is not "carrying on a business ... with a view to profit".