Court Records of Adjudication

Marc Horn made this Freedom of Information request to Ministry of Justice This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Ministry of Justice,

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."

In response to my Freedom of Information Act (FOIA) Request – 230130024 to my question
"Does the court record each adjudication against each summons authorised?" you responded "No"

These two statements are contradictory...
Genuine doubt as to the non definitive record of the Notice of Liability Order which the councils produce exists as individual Memorandums of Entry we have received differ in amount granted by the court to the Notice of Liability produced by the Council often by an additional £30.00 to £60.00 which considering the large volume of liability orders claimed is an extremely serious matter which must be addressed as at a bulk hearing of 1,000 summons' this would amount to an unlawful claim of £30,000 to £60,000 by the councils!

1 - Can you please confirm where the public record of each adjudication is held in accordance 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 which should be contained within the court register by a memorandum of entry?

2 - Can you confirm the procedure to get this public record.

Yours faithfully,

Marc Horn

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legal.operations, Ministry of Justice

1 Attachment

Dear Marc Horn

 

Thank you for your request dated 24^th February 2023 in which you asked
for the following information from the Ministry of Justice (MoJ): 

 

1 - Can you please confirm where the public record of each adjudication is
held in accordance 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
which should be contained within the court register by a memorandum of
entry?

 

2 - Can you confirm the procedure to get this public record.

 

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 24^th March 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, Ministry of Justice

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,
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References

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Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Court Records of Adjudication'.

Further to your attached response the questions are not of legal advice, but data on your system as to procedure.

1 - the question is simply where.... and I list the details from your rules as to what is wanted.... hence is not a request for legal advice but for information you must hold to fulfil your obligation to the public.

2 - the question simply is how for which you must have a procedure.... hence again is not a request for legal advice but for information you must hold to fulfil your obligation to the public.

This reaffirms my questions are about your procedures to fulfil your obligations to the public, and hence is NOT a request for legal advice, and further to assist you I have pointed you to the obligation so as to be as accurate as possible as to the information requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Marc Horn

legal.operations, Ministry of Justice

1 Attachment

Dear Mr Horn,

 

Thank you for your request dated 4^th April 2023 in which you asked for
the following information from the Ministry of Justice (MoJ): 

 

- the question is simply where.... and I list the details from your rules
as to what is wanted.... hence is not a request for legal advice but for
information you must hold to fulfil your obligation to the public. 2 - the
question simply is how for which you must have a procedure.... hence again
is not a request for legal advice but for information you must hold to
fulfil your obligation to the public. This reaffirms my questions are
about your procedures to fulfil your obligations to the public, and hence
is NOT a request for legal advice, and further to assist you I have
pointed you to the obligation so as to be as accurate as possible as to
the information requested.

 

Your request is being handled under the FOIA and has been assigned the
reference number 230404029.

 

The MoJ is required to provide you with a response within 20 working days.
I will send you a response to your request by 5^th May 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

 

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

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...

legal.operations, Ministry of Justice

2 Attachments

Dear Marc Horn,

 

Thank you for your request for information from the Ministry of Justice
(MoJ), reference no 230404029:  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...