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CO/7281/2013
 

name
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address
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Grimsby and Cleethorpes Magistrates' Court North East Lincolnshire Council

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SECTION A
3 4 5 6 7 8 9 @ A A B C A B 4 @ 7 9 D C E

T 5 C T A R 9 7 9 Q 9 5 7 4 C I x

Note:
A s

SECTION B
H I Q 9 B 7 7 8 9 I @ T 9 @ I P @ P P B 9 Q Q C S @ I Y A 9 B Q C I Y C a 5 C I Q 4 P 9 B Q 8 C a R P D 9 @ P P 9 P @ Q @ I 4 I 7 9 B 9 Q 7 9 P A @ B 7 Y G

name

name

address

address

Telephone no. E-mail address

Fax no.

Telephone no. E-mail address

Fax no.

n u v w x

SECTION C
| a T T @ B Y C S } B C a I P Q S C B 5 C I 7 9 Q 7 4 I } 7 8 9 5 R @ 4 T G H S Y C a @ B 9 5 C I 7 9 Q 7 4 I } C I R Y A @ B 7 C S 7 8 9 5 R @ 4 T v Q 9 7 C a 7 8 4 5 8 A @ B 7 D 9 S C B 9 Y C a q

JLYH\RXUJURXQGVIRUFRQWHVWLQJLW,I\RXDUHDFRXUWRUWULEXQDOOLQJDVXEPLVVLRQSOHDVHLQGLFDWHWKDWWKLVLVWKHFDVH
The defendant to this matter is a magistrates' court. The claimant has made an application to the Justices in relation to proceedings commenced against him by North East Lincolnshire Council (the interested party in this application for Judicial Review) for them to state a case in relation to their decision to make a liability order in respect of costs arising from the proceedings for non-payment of council tax. In connection with that application the claimant was requested by the defendant magistrates' court in accordance with section 114 of the Magistrates' Courts Act 1980 to enter into a recognizance to prosecute his appeal in the High Court without delay. Statute makes provision for this step to be taken by the court and therefore the court is perfectly entitled to seek a recognizance prior to stating a case. In seeking a recognizance the defendant court was by definition prepared to state a case as this is implicit in the statutory provision allowing for a recognizance to be required. That remains the position of the defendant court. A recognizance does not require any money to be paid 'up front' unlike court fees which are required to be paid before work on an application is undertaken. Indeed a recognizance is but a promise that the individual who enters into the recognizance makes to pay some or all of a sum of money determined by the court in the event that he/she fails to prosecute his/her case in the High Court without delay. Accordingly no money need ever be paid if the matter is pursued by the appellant in the High Court and even if the appeal were not pursued in the High Court, there would still need to be a hearing to determine whether in the fact some or all of the recognizance should be forfeit. To date the claimant has not appeared before the defendant court to enter into a recognizance. Had he done so the question of the appropriateness of the recognizance and/or the amount could have been considered by the court. Rather than formally responding to the claim for permission to apply for a judicial review, even though the Justices do not agree with the claim that has been made by the claimant, in the interests of saving the Administrative Court time and public money on a matter that is likely to reach the Administrative Court via the route of an appeal by way of case stated, the defendant court gives an undertaking that the draft case will be served upon the defendant within fourteen days of the date of this acknowledgement of service.

SECTION D
~ 4 t 9 P 9 7 @ 4 R Q C S @ I Y P 4 B 9 5 7 4 C I Q Y C a 4 R R D 9 @ Q 6 4 I } 7 8 9 5 C a B 7 7 C T @ 6 9 v C B 7 4 5 6 7 8 9 D C E 7 C 4 I P 4 5 @ 7 9 7 8 @ 7 @ Q 9 A @ B @ 7 9 @ A A R 4 5 @ 7 4 C I q I C 7 4 5 9 4 Q @ 7 7 @ 5 8 9 P G

SECTION E
9 Q A C I Q 9 7 C 7 8 9 5 R @ 4 T @ I 7 Q 5 C I 7 9 I 7 4 C I 7 8 @ 7 7 8 9 5 R @ 4 T 4 Q @ I r @ B 8 a Q 5 R @ 4 T

y 9 Q

SECTION F
h f g X H D 9 R 4 9 t 9 ` X 3 8 9 P 9 S 9 I P @ I 7 D 9 R 4 9 t 9 Q ` 7 8 @ 7 7 8 9 S @ 5 7 Q Q 7 @ 7 9 P 4 I

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d q r e 9 P D Y 7 8 9 P 9 S 9 I P @ I 7 7 C Q 4 } I 7 8 4 Q Q 7 @ 7 9 T 9 I 7 G e n

Justices' Clerk for Humber and South Yorkshire

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Signed
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Date

8. 7. 13

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name

name

Redacted
address address

Doncaster Magistrates' Court The Law Courts College Road Doncaster DN13HT
Telephone no. Fax no. Telephone no. E-mail address Fax no.

01302 347303
E-mail address

01302 327906

redacted@hmcts.gsi.gov.uk

Completed forms, WRJHWKHUZLWKDFRS\VKRXOGEHORGJHGZLWKWKH$GPLQLVWUDWLYH&RXUW2IFH