Long-drawn battle with local authority, not going to bore you with the details of the dispute.

Jump forward a few months ago where LA issued summons, I told them I would defend but needed the date changed as I would be out of the country on that date, LA agreed - verbally - (didn't have a choice as this was the day before the hearing!), then went ahead and obtained LO in my absence.

I wrote to the Magistrate's Courts to ask them to set aside the LO back in August, and never heard anything from either them or the LA so with a thousands other things on my mind, out of sight out of mind, completely failed to notice I never got an answer.

Fast forward again to last week where I received new summons from the LA (don't ask, I'm still trying to work that one out!) so this morning I phone the Magistrates' Court to politely ask if I shouldn't have had a yea or nay by now, 2 months after my letter?

They have now told me, after keeping me on hold for an inordinate amount of time, that the Mag court doesn't deal with Liability Orders set-aside and that I should write to the High Court in London? Oh, and that no, they wouldn't necessarily have replied to tell me that in the first place. Charming.

Ok, so can someone confirm or deny this for me? Point me in the right direction? All internet research indicates that I did it right and I can't think why the High Court should be involved.

Thanks in advance, I'll check for replies later, for now back to the mountain of paper from the Council to try and understand why they have issued new summons for different sums. Did I mention that I have been paying my CT on time and paying more than what I currently owe? (in case the previous dispute goes against me, I don't want to end up a lump sum to pay or the bailiffs turning up at my door) Well, I have. I think my LA have nothing better to do.

Can I Appeal a Liability Order?

There used to be no power for Magistrates to re-open civil cases (per Lord Justice Waller in Camberwell Green Magistrates Court [2004] EWCA 1689 (“Camberwell”) at para 34 & 39.) This applies even if they become aware their decision was incorrect. Magistrates courts’ powers are purely statutory, although some very limited common law powers have been claimed. The Magistrates Courts Act 1980 gives both civil and criminal jurisdiction, and specifically s142 only provides power to re-open criminal cases. Parliament it seems intentionally did not give a general power to magistrates to reopen civil proceedings. Therefore the only route to re-consider a liability order was by way of Judicial Review.

However, that all changed piece-meal by case law. Now it is well-established that a person who has a liability order made against them can apply to the magistrates court for it to be set aside.

Three criteria must be satisfied, these were established on the Application of Newham Council v Stratford Magistrates' Court [2008] EWHC 125 (Admin), [2008] RA 108, 173 JP 30, [2008] All ER (D) 17 (Jan) [2008].

Liability orders are unusual in that they are dealt with in magistrates' courts yet are a matter of civil law. There are lots of unusual rules practice and procedure which apply which Sarah can help you with, that many people do not know about - even court staff. It is not unheard of, for example, for some court staff to tell people there is nothing they can do about a liability order, or for magistrates courts to reply to an application to set aside stating they cannot list/ there is no such application.

It is absolutely essential to act fast as soon as you know or think there might be a liability order incorrectly made against you. Even the best case in the world can fail if left too long - even just a few months. Time starts to run from when you first know or think a liability order has been made against you.

Link further info :- http://www.sarahrobsonbarrister.co.uk/Liability-Orders.html

Write immediately to the magistrates' court which made the liability order whether it is for commercial non-domestic rates or on a private property, and state you wish to apply to set it aside. There is no special application form - or fee - as for civil courts.

Regards

Andy

Yes, I know, this is one of the web pages which I found info to write to the courts, so that's not helping me, sorry, and doesn't answer my question; I already have written to the Mags, they haven't replied and the clerk said to me that I had to write to the High Court.