Notes for guidance are available which explain how to complete the judicial review claim form.

Please read them carefully before you complete the form.

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SECTION 1 Details of the claimant(s) and defendant(s)

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name

name

redacted
address
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Grimsby Magistrates' Court

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redacted

name

Telephone no.

Fax no.

address

redacted
E-mail address

redacted@xxx.com
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Victoria Street Grimsby North East Lincolnshire DX 707680 Grimsby 5

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Telephone no. name

Fax no.

01472 320444
E-mail address

01472 320440

address
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Telephone no. E-mail address

Fax no.

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address

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Fax no.

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SECTION 2 Details of other interested parties

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name

name

North East Lincolnshire Council

address address

North East Lincolnshire Council Civic Offices Knoll Street Cleethorpes North East Lincolnshire DN35 8LN
Telephone no. Fax no.

Doncaster Magistrates' Court, PO Box 49 The Law Courts College Road Doncaster DN1 3HT
Telephone no. Fax no.

01472 313131
E-mail address

01302 366711
E-mail address

01302 327906

SECTION 3 Details of the decision to be judicially reviewed

Decision:

Magistrates requiring recognizance is entered into in the sum of 500 to state a case for an appeal to the High Court.
Date of decision:

24 January 2013
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name

address

Grimsby Magistrates' Court

Victoria Street Grimsby North East Lincolnshire DX 707680 Grimsby 5

SECTION 4 Permission to proceed with a claim for judicial review

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SECTION 5 Detailed statement of grounds

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The matter concerns a case stated appeal against an order granted for Council Tax in the Magistrates' court. Recognizance has been set at a level denying my access to justice. The 500 sum has been set despite my qualifying for remission of the Magistrates court fee. This was raised with the justices' Clerk and has gone to date unaddressed as has a Pre-Action letter sent on 29 April 2013. Even highlighting this, no apparent consideration has been made to take my means into account, and suggestion to reopen the case under the provision of S.142 of the MCA 1980 to rectify the mistake and set aside the liability order has similarly gone unanswered. It has also been suggested that the local authority apply under section 82 of the Local Government Act 2003 to have the liability order quashed. The Clerk to the justices failed to respond and the Council stated it would not be applying to the court to have the liability order quashed.

SECTION 6 Aarhus Convention claim

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SECTION 7 Details of remedy (including any interim remedy) being sought Mandatory order under Section 111(6) of the Magistrates' Court Act 1980 requiring the justices to state a case.

SECTION 8 Other applications

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Extending the time limit for filing the claim form. The claim is being filed out of time because I was led to believe the Magistrates' court were addressing my queries (including suggestions of alternative remedies). However, it became apparent after several prompts that I was unlikely to get a response other than acknowledgement of my correspondence.
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SECTION 9 Statement of facts relied on 1) Notice to state a case for an appeal to the High Court, served on Grimsby Magistrates' Court on 22 November 2012 in accordance with the Criminal Procedure Rules, rule 64.2 (see enclosed), in relation to 2 November 2012 hearing. 2) Written acknowledgement received from Deputy Justices' Clerk of Grimsby Magistrates' Court, dated 22 November 2012. 3) No further contact was made by the court until January 14, 2013. Attempts to make contact with the Deputy Justices' Clerk dealing with the appeal prompted this contact. At this point it transpired that Deputy Justices' Clerk had left the service at the end of 2012. The Legal Team Manager stated he would try to find out what was happening with the application and update as soon as possible. 4) The matter had been put in the hands of the Justices' Clerk for Humber & South Yorkshire (Doncaster Magistrates' court), who on 24 January 2013 advised that the Justices require recognizance to be entered into in the sum of 500 and outlining conditions of recognizance (letter ref; 24 January 2013). 5) Email to Doncaster Magistrates' court (Grimsby's Legal Team Manager and Council Copied in) to raise queries concerning the Justices' Clerk's correspondence. Highlighted that recognizance set in my particular financial circumstances would deny access to justice. Suggested alternative remedies, i.e., reopen the case under S.142 of the Magistrates' Courts Act 1980 to set aside the liability order, or for the council, under section 82 of the Local Government Act 2003, to apply to have the order quashed (letter ref; 5 February, email, 6 February 2013) 6) Reply from Council stating it was not prepared to apply to the Magistrates Court to quash the liability order as it was correctly obtained for the outstanding balance due at that time (letter ref; 8 February 2013) 7) Letter to council explaining that according to the Council Tax (Administration and Enforcement) Regulations 1992, the liability order was not correctly obtained as the application should have ceased at the point where the aggregate of the sum outstanding and an amount equal to the costs reasonably incurred by the authority was paid (ref; letter 14 February 2013). 8) Administrative Court Office contacted to make enquiries about an order of mandamus requiring justices to state a case for an appeal to the High Court (letter ref; 23 March 2013) 9) Pre-Action letter sent. (letter ref; 29 April 2013) Detail included: ".....Please acknowledge receipt of this letter and provide either a response addressing the issues Ive raised or certificate stating that my application has been refused explaining the reason. If a response is not forthcoming within 14 days I will take it that the justices are both refusing to state the case and to give a certificate and will apply for permission to bring judicial review proceedings for a mandatory order requiring the Court to state a case...." 10) To date, there has been no response from the Justices' Clerk in relation to 5 February or 29 April 2013 letters. Similarly, there has been no response from the council to the 14 February 2013 letter.

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SECTION 10 Supporting documents

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