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28 June 2024 / Nicholas Dobson
Issue: 8077 / Categories: Features , Public , Local government , Tax
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To pay or not to pay?

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Nicholas Dobson relates an unusual attempt to avoid council tax liability
  • A claimant sought judicial review of her liability to pay council tax, following magistrate court liability orders and county court charging orders. Permission was refused since the claimant had an appropriate statutory alternative remedy to judicial review which she did not use.

‘Things,’ sang Little Buttercup in Gilbert and Sullivan’s 1878 comic opera HMS Pinafore, ‘are seldom what they seem.’ Lewis Carroll’s Mad Gardener would agree. For it was he who thought he saw an elephant that practised on a fife but looked again and found it was a letter from his wife. So, when navigating legal complexities, it can be easy to get caught up in ‘heaps of entangled weeds’ (per George Crabbe), where what at first seems one thing may turn out as quite another. For sometimes there can be delusive dimensions governing what initially looked quite straightforward.

One case in point may be the council tax liability decision in R (Kofa) v Oldham Metropolitan Bolton Council [2024] EWHC 685 (Admin), judgment in

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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