Henry Skudra Resists an Application for Judicial Review

Henry Skudra resists an application for judicial review in relation to council tax liability.

The Claimant challenged both the council tax liability order itself as well as the mechanism by which it was issued by the magistrates’ court and then served.

Appearing on behalf of Coventry City Council, Henry persuaded the Administrative Court that the matter was unarguable following legal submissions in respect of inter alia the failure of the Claimant to invite the magistrates’ court to set the council tax liability order aside, thus providing the Claimant with an adequate alternative remedy.

A magistrates’ court’s power was confirmed in R. (On the Application of the London Borough of Newham) v. Stratford Magistrates’ Court [2008] EWHC 125 (Admin) whereby the magistrates’ court should apply the three criteria of: (a) there must be a genuine and arguable dispute as to the defendant’s liability to the order in question; (b) the order must be made as a result of a substantial procedural error, defect or mishap; and ( c) the application to the justices for the order to be set aside must be made promptly after the defendant learns that it has been made or has notice that an order may have been made.