council tax – Current Awareness

Unlawful imprisonment for council tax non-payment “one of the largest mass miscarriages of justice in British history” – Local Government Lawyer

Posted March 28th, 2018 in council tax, imprisonment, miscarriage of justice, news by tracey

‘The unlawful imprisonment of people for council tax non-payment “is likely to be one of the largest mass miscarriages of justice in British history”, the chair of the Criminal Bar Association, Angela Rafferty QC, and 57 other signatories of a letter to The Guardian have claimed.’

Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk

High Court admits people have been wrongly jailed for not paying council tax – The Independent

Posted January 18th, 2018 in appeals, council tax, enforcement, imprisonment, miscarriage of justice, news, sentencing by tracey

‘The High Court has admitted up to 17 people in England and Wales were unlawfully sent to jail for not paying their council tax last year – but it refused to accept this constituted “systematic failings” by the courts.’

The Independent, 17th January 2018

Source: www.independent.co.uk

Debt is not a crime: reviewing imprisonment for council tax non-payment – Legal Voice

Posted December 20th, 2017 in council tax, debts, imprisonment, news by sally

‘Being in debt is not a crime. So why are nearly 100 people a year sent to prison for falling behind on council tax payments?’

Legal Voice, 19th December 2017

Source: www.legalvoice.org.uk

Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

Posted October 25th, 2017 in appeals, council tax, education, housing, local government, news, statutory interpretation, tribunals by michael

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

‘Freeman on the Land’ jailed for failure to pay council tax – Local Government Lawyer

Posted May 15th, 2017 in council tax, local government, news, sentencing by sally

‘A self-proclaimed ‘Freeman-on-the-Land’ who refused to pay council tax citing ancient laws has been sentenced to 40 days in prison and ordered to repay his debt.’

Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court refuses to hear case on council tax position where tenant moves out – Local Government Lawyer

Posted March 31st, 2017 in council tax, landlord & tenant, local government, news by tracey

‘The Supreme Court has refused to grant Leeds City Council permission to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

Local Government Lawyer, 30th March 2017

Source: www.localgovernmentlawyer.co.uk

Judge orders release of woman jailed for non-payment of council tax – Local Government Lawyer

Posted January 27th, 2017 in council tax, debts, imprisonment, news, sentencing by sally

‘A High Court judge has released a woman jailed for failing to pay council tax, saying she should not have been imprisoned.’

Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

Non-payment of Council Tax – Local Government Law

Posted January 26th, 2017 in appeals, committals, council tax, debts, local government, magistrates, news, regulations by tracey

‘In R (Woolcock) v Bridgend MC (2017) EWHC 34 (Admin) Lewis J quashed a suspended committal order, pursuant to Regulation 47 of the Council Tax (Administration and Enforcement) Regulations 1992, because no proper means assessment had been carried out and the suspension period was manifestly excessive.’

Local Government Law, 23rd January 2017

Source: www.11kbw.com/blogs/local-government-law

Magistrates struggle (again) with the use of imprisonment for non-payment of council tax – by Sam Genen and Sophie Walker – UK Human Rights Blog

Posted January 23rd, 2017 in committals, council tax, courts, debts, enforcement, imprisonment, judicial review, magistrates, news, regulations, sentencing by sally

‘There is an exceedingly long line of case law, stretching back beyond the days of the community charge (which was of course better known as the Poll Tax). In those cases, the courts have traditionally quashed custodial orders improperly imposed by magistrates for non-payment of council taxes.’

UK Human Rights Blog, 23rd January 2017

Source: www.ukhumanrightsblog.com

Single mum unlawfully jailed for council tax debt in Wales – The Guardian

Posted January 19th, 2017 in appeals, council tax, legal aid, news, Wales by tracey

‘A single mother who was sent to prison by magistrates for 81 days because she was unable to pay her council tax bill was unlawfully jailed, the high court has ruled.’

The Guardian, 18th January 2017

Source: www.guardian.co.uk

City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Posted January 6th, 2017 in appeals, council tax, landlord & tenant, local government, news, Supreme Court by tracey

‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

Local Government Lawyer, 5th January 2017

source: www.localgovernmentlawyer.co.uk

Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Posted August 2nd, 2016 in council tax, landlord & tenant, local government, news, tribunals, valuation by tracey

‘We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such that the tenant would remain liable for Council Tax, while here in the Shropshire decision (and amusingly featuring NL) the Valuation Tribunal decided that a contractual periodic tenancy following on from a fixed term of 6 months did amount to a material interest such that the tenant remained liable.’

Nearly legal, 1st August 2016

Source: www.nearlylegal.co.uk

Refusnik rev: the vicar whose council tax protest could put him in jail – The Guardian

Posted June 9th, 2016 in bailiffs, bankruptcy, benefits, budgets, clergy, costs, council tax, local government, news, statistics by sally

‘Retired clergyman Paul Nicolson, who is refusing to pay council tax in solidarity with those hit by benefit cuts, explains why he’s happy to take the consequences.’

The Guardian, 8th June 2016

Source: www.guardian.co.uk

Direct access barrister ‘no substitute’ for solicitor – judge – Law Society’s Gazette

Posted April 25th, 2016 in appeals, bankruptcy, barristers, council tax, delay, jurisdiction, legal profession, litigants in person, local government, news, solicitors by sally

‘Direct access barristers are no substitute for experienced solicitors, a judge has told a court, ruling that a woman was not advised on the proper process for appealing her council tax liability. ‘

Law Society’s Gazette, 24th April 2016

Source: www.lawgazette.co.uk

Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

Misc on taxes – council and bedroom – Nearly Legal

Posted April 20th, 2016 in benefits, council tax, housing, news by sally

‘Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) – quite astonishingly, an appeal against a making of a bankruptcy order – Mr. Robin Hollington QC addressed the issue. The bankruptcy petition was founded on a number of council tax liability orders and the efforts of Ms Okon to set aside those orders were at issue.’

Nearly Legal, 19th April 2016

Source: www.nearlylegal.co.uk

Ten new laws that come into force in April 2016 – and how they affect you – The Independent

Posted April 4th, 2016 in benefits, budgets, council tax, dentists, deportation, dogs, EC law, hospitals, housing, immigration, interest, landlord & tenant, local government, medicines, minimum wage, national insurance, news, pensions, prisons, remuneration, rent, stamp duty, statistics, taxation by sally

‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’

The Independent, 3rd April 2016

Source: www.independent.co.uk

Council Tax – Local Government Law

Posted March 23rd, 2016 in change of use, council tax, news, planning, valuation by tracey

‘Coll (Listing Officer) v Mooney [2016] EWHC 485 (Admin) is a statutory appeal by the Appellant Listing Officer against the decision of the Valuation Tribunal for England (“VTE”) in which it ordered the Listing Officer to alter the valuation list to show one entry for a property, instead of two. The property was built as one dwelling, on three floors. However, at some point, the property was converted into two dwellings. It was listed as two separate units of property (hereditaments) when the valuation list for council tax was drawn up in 1993.’

Local Government Law, 22nd March 2016

Source: www.11kbw.com/blogs/local-government-law

Personal data and politicians’ names – Panopticon

Posted March 21st, 2016 in appeals, closed material, council tax, data protection, disclosure, freedom of information, human rights, local government, news, privacy, public interest, tribunals by tracey

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Panopticon, 18th March 2016

Source: www.panopticonblog.com

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