Re: Incredible view of High Court judge in £75 Council Tax costs
I would agree that the regulations provide that costs can become due before the hearing and be paid before the case is brought before the court. However, what this effectively facilitates is an out of court settlement.
The regulations do not allow for the debtor's council tax account to be increased by an amount deemed by the council to be equal to the costs reasonably incurred, only that the debtor is given the opportunity to pay or tender to the authority an amount (as the high court judgment).
Additionally, it seems that the reason regulations provide for a sum of costs to be agreed as an out of court settlement is because the statutory instrument is ultra vires the enabling Act:
Statutory Instrument is ultra vires? – Regulation 34 of Council Tax Regulations
Originally posted by lgfa92
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The regulations do not allow for the debtor's council tax account to be increased by an amount deemed by the council to be equal to the costs reasonably incurred, only that the debtor is given the opportunity to pay or tender to the authority an amount (as the high court judgment).
Additionally, it seems that the reason regulations provide for a sum of costs to be agreed as an out of court settlement is because the statutory instrument is ultra vires the enabling Act:
Statutory Instrument is ultra vires? – Regulation 34 of Council Tax Regulations
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