Due Process of Law - Court Records

The request was successful.

Dear HM Courts and Tribunals Service,

In your response to FOI request 90890 of June 2014 you confirm:

Each summons is required to be listed in the court register, and
Liability orders must be recorded in the court register, and
Following the hearing, a register containing the results of the hearing is retained by HMCTS. The Court Register is held in permanent preservation and may be held at the Local Record Office on microfilm if over 30 years from creation.

In your response to FOI request 910531 dated 16/12/2022 you have confirmed:

"...the written document [Notice of Liability Order] is not the definitive record of the order, it is a notification..."
"... The definitive record is the court register, which is now held purely digitally, and the only document which is a definitive record of the content of the register is a copy of that register, certified by a court officer..."
"...If genuine doubt remains, they could contact the court and ask for confirmation..."
"...The gold standard would be a certified extract, a copy of the court register signed by the
court officer.
This is the same for civil and criminal proceedings in magistrates’ courts."

This is inline with the Magistrates Court Rules where at 16(1) for legal purposes, and 66(1)(a) a court record must be held, which at 66(2) details the requirement to show the complainant details, the respondents details, a summary of the complaint and a summary of the adjudication.

Many Courts are not providing a Memorandum of Entry when requested which is meant to be a public record as well as proof of adjudication, and if none exist failing to provide confirmation of the same. Can you hence please provide your recorded information of the current situation for the following questions:

1 - Does the Court record each summons it authorises?
2 - Does the court record the name of the person authorising each summons?
3 - Does the court record each adjudication against each summons authorised?

Rule 115(6) does not apply to service of liability orders. This means only those methods of service are not obligatory, but does not remove he requirement of service of the order.

4 - What are the alternative requirements of service of liability orders?
5 - How is proof of service of liability orders recorded in the court record?

6 - Beyond the rules what other procedures are in place for forcing the court to fulfil its legal obligations to provide a Memorandum of Entry?

Yours faithfully,

Marc Horn

Disclosure Team, HM Courts and Tribunals Service

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legal.operations, HM Courts and Tribunals Service

1 Attachment

Dear Mr Horn,

 

Thank you for your request dated 30^th January 2023 in which you asked for
the following information from the Ministry of Justice (MoJ): 

 

In your response to FOI request 90890 of June 2014 you confirm:

Each summons is required to be listed in the court register, and Liability
orders must be recorded in the court register, and Following the hearing,
a register containing the results of the hearing is retained by HMCTS. The
Court Register is held in permanent preservation and may be held at the
Local Record Office on microfilm if over 30 years from creation.

In your response to FOI request 910531 dated 16/12/2022 you have
confirmed:

"...the written document [Notice of Liability Order] is not the definitive
record of the order, it is a notification..." "...

The definitive record is the court register, which is now held purely
digitally, and the only document which is a definitive record of the
content of the register is a copy of that register, certified by a court
officer..." "...

If genuine doubt remains, they could contact the court and ask for
confirmation..." "...The gold standard would be a certified extract, a
copy of the court register signed by the court officer. This is the same
for civil and criminal proceedings in magistrates’ courts."

This is inline with the Magistrates Court Rules where at 16(1) for legal
purposes, and 66(1)(a) a court record must be held, which at 66(2) details
the requirement to show the complainant details, the respondents details,
a summary of the complaint and a summary of the adjudication.

Many Courts are not providing a Memorandum of Entry when requested which
is meant to be a public record as well as proof of adjudication, and if
none exist failing to provide confirmation of the same. Can you hence
please provide your recorded information of the current situation for the
following questions:

1 - Does the Court record each summons it authorises?

2 - Does the court record the name of the person authorising each summons?

3 - Does the court record each adjudication against each summons
authorised? Rule 115(6) does not apply to service of liability orders.
This means only those methods of service are not obligatory, but does not
remove he requirement of service of the order.

4 - What are the alternative requirements of service of liability orders?

5 - How is proof of service of liability orders recorded in the court
record?

6 - Beyond the rules what other procedures are in place for forcing the
court to fulfil its legal obligations to provide a Memorandum of Entry?

 

Your request is being handled under the FOIA.

 

The MoJ is required to provide you with a response within 20 working days.
I will send you a response to your request by 27^th February 2023.

 

Regards,

Siân Jones

Head of Legal and Professional Services | Secretary, Justices’ Legal
Advisers and Court Officers’ Service (formerly the Justices’ Clerks’
Society)

Legal Operations Team | Operations Directorate | HMCTS | Postpoint 6.10
|102 Petty France | London | SW1H

Web:  [1]www.gov.uk/hmcts

 

[2]HM Courts and Tribunals English and Welsh logo

 

[3]Here is how HMCTS uses personal data about you.

[4]Dyma sut mae GLlTEM yn defnyddio data personol amdanoch chi

 

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legal.operations, HM Courts and Tribunals Service

2 Attachments

Dear Mr Horn,

 

Thank you for your request for information from the Ministry of Justice
(MoJ):  Please find attached the response.

 

Regards,

Siân Jones

Head of Legal and Professional Services | Secretary, Justices’ Legal
Advisers and Court Officers’ Service (formerly the Justices’ Clerks’
Society)

Legal Operations Team | Operations Directorate | HMCTS | Postpoint 6.10
|102 Petty France | London | SW1H

Web:  [1]www.gov.uk/hmcts

 

[2]HM Courts and Tribunals English and Welsh logo

 

[3]Here is how HMCTS uses personal data about you.

[4]Dyma sut mae GLlTEM yn defnyddio data personol amdanoch chi

 

══════════════════════════════════════════════════════════════════════════

This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Internet e-mail is not a
secure medium. Any reply to this message could be intercepted and read by
someone else. Please bear that in mind when deciding whether to send
material in response to this message by e-mail. This e-mail (whether you
are the sender or the recipient) may be monitored, recorded and retained
by the Ministry of Justice. Monitoring / blocking software may be used,
and e-mail content may be read at any time. You have a responsibility to
ensure laws are not broken when composing or forwarding e-mails and their
contents.

References

Visible links
1. http://www.gov.uk/hmcts
3. https://www.gov.uk/government/organisati...
4. https://www.gov.uk/government/organisati...

Sheila Woodland left an annotation ()

Magistrates Court Act 1980 s.58 and the County Court Act 1984 s.16 - Liability Orders cannot be enforced in The County Court because this court does not have the jurisdiction and liability orders can only be recoverable summarily.

Magistrates’ Courts Act 1980
58 Money recoverable summarily as civil debt.
(1)A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.
https://www.legislation.gov.uk/ukpga/198...

County Courts Act 1984
16 Money recoverable by statute.
[F1The county court] shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if—
(a)it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; F2 . . .
https://www.legislation.gov.uk/ukpga/198...

Marc Horn left an annotation ()

Is a civil debt not one arising between private persons from a breach of an agreement?
CT as far as I am aware is not a civil debt.
Any further references greatly appreciated.