Appeal to High Court contesting Council Tax Summons costs

The request was successful.

Neil Gilliatt (Account suspended)

Dear North East Lincolnshire Council,

Please see the Criminal Procedure Rules 2015 - Part 35 (Appeal to the High Court by Case Stated)

https://www.justice.gov.uk/courts/proced...

Pursuant to the stage of proceedings at 35.3, subparagraph 9 (Preparation of case stated);

"the court officer must serve the case stated on each party."

A letter dated 16 September 2014 sent by the Justices' Clerk contains a statement relevant to subparagraph 9 above, as follows:

https://www.scribd.com/doc/316099464/Adv...

"A certificate of refusal to state a case was not issued by the Justices because they did state a case for the consideration of the Administrative Court and the final case has been sent to you."

Q. In compliance with subsection (1)(a) of s1 of the FOIA please confirm or deny whether North East Lincolnshire Council holds the final case stated.

In assisting you identify the final case stated, the matter concerns a Council Tax Liability complaint heard at Grimsby Magistrates' court on 2 November 2012.

Yours faithfully,

Neil Gilliatt

PPD - FOI, North East Lincolnshire Council

Dear Mr Gilliatt

 

I am pleased to acknowledge your request for information, which has been
allocated the reference number NEL/2916/1617.

Your request has been passed to the relevant department for processing and
you can expect your response within the 20 working day limit. If it will
take us longer than 20 working days to respond to you, we will inform you
of this and provide you with the expected date for receiving a response.

Further information about how we will deal with your Freedom of
Information requests is available on our website at:

[1]https://www.nelincs.gov.uk/council-infor....

Please feel free to contact me if you require any further information or
assistance quoting the reference number above.

 

Yours sincerely on behalf of North East Lincolnshire Council

 

Feedback Officer

 

 

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PPD - FOI, North East Lincolnshire Council

Dear Mr Gilliatt,

 

Thank you for your information request, reference number NEL/2916/1617.

 

In order to be able to consider your request we require some further
clarification from you.

 

Can you please provide the letter you refer to at the following link.

 

[1]https://www.scribd.com/doc/316099464/Adv...

 

We are unable to read the content.

 

Under the Freedom of Information Act, the 20 working days allowed for
responding to your request will not begin until the clarification is
received.

 

Please quote the above reference number in all your correspondence.

 

Please feel free to contact me if you require any further information or
wish to discuss this matter.

 

Yours sincerely on behalf of North East Lincolnshire Council

 

Feedback Officer

 

 

 

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Neil Gilliatt (Account suspended)

Dear PPD - FOI,

My request can be dealt with from the information contained in the email and therefore unnecessary for you to be able to access the letter provided in the link.

Yours sincerely,

Neil Gilliatt

PPD - FOI, North East Lincolnshire Council

Dear Mr Gilliatt

Further to your below email.

We need to be able to access the link you have provided, in order to see what context of the letter the following statement was made:

"A certificate of refusal to state a case was not issued by the Justices because they did state a case for the consideration of the Administrative Court and the final case has been sent to you."

If you do not provide this information we will be unable to respond to your request.

Kind regards

Feedback Officer
North East Lincolnshire Council

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Neil Gilliatt (Account suspended)

Dear PPD - FOI,

The letter forms part of the contents of the post linked to below:

http://legalbeagles.info/forums/showthre...

For identification purposes the letter begins as follows:

"I acknowledge receipt of your letter of 2 September 2014.

I can confirm that the complaint you made in relation to the conduct of Mr J A O'Nions JP and Mr T A Shepherdson JP has been referred to the Deputy Chairman of the Humber Advisory Committee in accordance with the prescribed procedures contained within the Judicial Conduct (Magistrates) Rules 2014.

Having considered your complaint........"

Yours sincerely,

Neil Gilliatt

PPD - FOI, North East Lincolnshire Council

Dear Mr Gilliatt

Thank you for your information request reference 2916_1617. I can confirm that North East Lincolnshire Council does not hold the requested information.

If you believe that your request for information has not been handled in accordance with the Freedom of Information Act, you have the right to request an internal review by the Council. Please be clear about which elements of the Council’s response or handling of the request you are unhappy with, and would like the Council to address during the internal review process. If following this you are still dissatisfied you may contact the Office of the Information Commissioner. If you wish to request an internal review, please contact me and I will make the necessary arrangements.

Yours sincerely on behalf of North East Lincolnshire Council

Feedback Officer

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