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CO/979/2014
The Rev Paul Nicolson formerly of Z2K has been granted Judicial Review on costs His case CO/979/2014 is about costs.
The nub of the argument comes down to the legality of the costs orders sought by the Council in respect of unpaid council tax.
In Attfield v Barnet LBC [2013] EWHC 2-89 Admin) [2013 PTSR 1559, all such demands for costs are plainly ultra vires regulation 34 of the Council Tax (Administration & Enforcement) Regulations 1992. The costs provisions of these regulations are not set as a revenue raising measure, nor do they confer punitive or deterrent powers. They only permit costs to be sought and awarded by reference to costs actually and reasonably ‘incurred’.
For further details see: http://www.taxpayersagainstpoverty.org.uk/
[ Edited: 13 Oct 2014 at 09:40 pm by Bryan R ]
Update:
The Revd Nicolson is attending Tottenham Magistrates’ Court today to request that they adjourn all liability order hearings, pending the High Court ruling on the costs which is awaiting full judicial review.
http://www.taxpayersagainstpoverty.org.uk/haringey-council-urged-not-to-seek-costs-for-ct-summonsliability-orders-until-legality-and-rationality-reviewed/
FOI council’s charge two amounts; Liability Order Court Summons
Canterbury City Council £50 £50
London Borough of Brent £30 £90
Newcastle Upon Tyne City Council £42 £42
London Borough of Bromley £20 £75
Powys County Council £50 £10
Braintree District Council £30 £65
Sheffield City Council £28 £46
Wolverhampton City Council £40 £36
Dover District Council £50 £50
Rotherham District Council £20 £80
What are the charges for Liability Orders and Court Summons costs
in the borough’s or districts where any of you live. Any help would be gratefully received.