CPR - Signature of Documents by mechanical means

RICHARD VALDRY made this Rhyddid Gwybodaeth request to Wirral Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Wirral Metropolitan Borough Council Nid oedd gan y wybodaeth y gofynnwyd amdani.

Dear Wirral Metropolitan Borough Council,
CPR - Signature of Documents by mechanical means

PRACTICE DIRECTION 5A – COURT DOCUMENTS This Practice Direction supplements CPR Part 5

Signature of Documents by mechanical means
1
Where, under rule 5.3, a replica signature is printed
electronically or by other mechanical means on any document, the
name of the person whose signature is printed must also be printed
so that the person may be identified. This paragraph does not apply
to claim forms issued through the Claims Production Centre.

http://www.justice.gov.uk/courts/procedu...

1) Under the FoIA I wish to know if the above CPR practice direction applies to the magistrates court when granting summonses for non payment of council tax to the council.

2) Under the FoIA I wish to know if the above CPR practice direction applies to the council who create and issue non payment of council tax summonses ( court documents) on behalf of the magistrates court who grants them.

3) Please provide all recorded information that confirms that when the council prints a replica signature (a facsimile signature) onto a magistrates court summonses for non payment of council tax on behalf of the court, that the council also prints the name of the person whose signature is printed so that the person may be identified.

Many thanks for your time in answering this FOI request and I look forward to hearing from you.

Yours faithfully,

RICHARD VALDRY

Gadawodd ScarletPimpernel anodiad ()

The short answer is this, the rule you quote and link to is part of the Civil Procedure Rules and apply only in the civil law courts (for example the County Court etc).

The Magistrates Court follows the Criminal Procedure Rules which are here http://www.justice.gov.uk/courts/procedu... .

Here's a page with links to the Practice Directions for criminal courts such as the Magistrate Court http://www.justice.gov.uk/courts/procedu... .

So the answer to question 1) is no the CPR doesn't apply to the Magistrates Court as those are civil procedure rules and the Magistrates Court isn't a civil court, it's a criminal one, which also answers question 2) and also means 3) a little redundant unless there's a criminal practice direction actually requiring this.

Gadawodd RICHARD VALDRY anodiad ()

Magistrates - Civil

Although most magistrates deal with criminal work, they also decide many civil matters, particularly in relation to family work. Magistrates' civil roles include dealing with cases such as non-payment of council tax.

http://www.judiciary.gov.uk/you-and-the-...

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon,

Thank you for your enquiry below.  The Council would like to apologise for
the length of time it has taken to respond to you, our response is below
and I hope it is useful to you.

 

The Council does not hold any recorded information to supply to you, as
your query is in relation to County Court proceedings and Council Tax is
recovered in the Magistrates Court.  The Civil Procedure Rules (CPR) only
applies to proceedings brought in the County Court and they do not apply
to Council Tax proceedings which are undertaken in the Magistrates Court.

 

Kind Regards

Jane Corrin

Information Manager

Department Law, HR and Asset Management

Wirral Council

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.

 

 

From: RICHARD VALDRY [mailto:]
Sent: 10 January 2013 20:10
To: InfoMgr, FinDMT
Subject: Freedom of Information request - CPR - Signature of Documents by
mechanical means

 

 

     Dear Wirral Metropolitan Borough Council,

     CPR - Signature of Documents by mechanical means

    

     PRACTICE DIRECTION 5A – COURT DOCUMENTS This Practice Direction

     supplements CPR Part 5

    

     Signature of Documents by mechanical means

     1

     Where, under rule 5.3, a replica signature is printed

     electronically or by other mechanical means on any document, the

     name of the person whose signature is printed must also be printed

     so that the person may be identified. This paragraph does not apply

     to claim forms issued through the Claims Production Centre.

    

    
http://www.justice.gov.uk/courts/procedu...

    

     1) Under the FoIA I wish to know if the above CPR practice

     direction applies to the magistrates court when granting summonses

     for non payment of council tax to the council.

    

     2) Under the FoIA I wish to know if the above CPR practice

     direction applies to the council who create and issue non payment

     of council tax summonses ( court documents) on behalf of the

     magistrates court who grants them.

    

     3) Please provide all recorded information that confirms that when

     the council prints a replica signature (a facsimile signature) onto

     a magistrates court summonses for non payment of council tax on

     behalf of the court, that the council also prints the name of the

     person whose signature is printed so that the person may be

     identified.

    

     Many thanks for your time in answering this FOI request and I look

     forward to hearing from you.

    

     Yours faithfully,

    

     RICHARD VALDRY

    

dangos adrannau a ddyfynnir