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
RICHARD VALDRY left an annotation ()
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-...
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
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
ScarletPimpernel left an annotation ()
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.