header-logo header-logo

28 October 2010
Issue: 7439 / Categories: Case law , Law reports
printer mail-detail

Limitation of action—Unpaid council tax—Time limit for actions for sums recoverable by statute

Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129, [2010] All ER (D) 177 (Oct)

Court of Appeal, Civil Division, Laws, Lloyd and Gross LJJ,
19 Oct 2010

The presentation of a winding-up petition in respect of sums due under liability orders for unpaid council tax does not fall within s 9 of the Limitation Act 1980 (LA 1980). Instead, reg 34(3) of Council Tax (Administration and Enforcement) Regulations 1992, SI 1992/613, imposes an equivalent restriction on obtaining an order to enforce the liability.

James Morgan (instructed Summers Nigh Law LLP) for claimants. David Lock (instructed by Brooks Solicitors) for the defendants.

The defendant companies owned properties in the areas of the two claimant local authorities. They failed to pay council tax, and as a result liability orders were made by the magistrates’ court. The claimants sought to enforce the orders by way of winding-up petitions. Some of the orders had been made more than six years before the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll