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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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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