Sarah Robson - Barrister - Liability Orders

Sarah Robson - Barrister - Alpha Court Chambers (Tel) 0800 634 9650

Liability Orders

What is a Liability Order?

Liability orders are made by Magistrates Courts, usually for unpaid Council Tax, on both domestic and commercial or non-domestic properties (sometimes called non-domestic rates "NDR"). This in exercise of their limited civil jurisdiction.

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 out in Sarah's case of R 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]. See 'Reported Cases' and 'Legal Articles' for more details.

Solicitors/CAB, Law Centres etc

Professional clients can contact Sarah Robson in the usual way should they have any clients needing help with liability order(s) whether for domestic or non-domestic propertes. She is happy to discuss the case and advise on the best way to proceed and fees should you wish to instruct her.

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.

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.

Members of the Public - If You Need Help

Go and see a solicitor or the CAB - Citizen's Advice Bureaux - as soon as you can.

Members of the public should be aware that Sarah Robson cannot help you directly if you have a problem with a liability order. However, she can pass your details on to one of her experienced solicitors who can review your case together with Sarah free of charge, and then advise you of the likely prospects of success and costs should you wish to take the matter further. If you want her to help you in this way, please email or complete and return the below form. Members of the public are kindly asked not to ring chambers.