If you have received a Liability Order recently and feel that you should not be liable to pay the rates, then we may be able to assist you by having the order set aside.

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Magistrates Courts make Liability Orders for unpaid Council Tax, for both domestic and non-domestic properties. Council Tax departments frequently request Liability Orders and Magistrates Courts infrequently check the validity of the application – we have dealt with matters where the local authority council’s tax departments have failed to issue correct documentation/notice for a liability order to the Magistrates Court.

There used to be no power for Magistrates to re-open civil cases. This applied even if they became aware their decision was incorrect. Parliament seemingly intentionally did not give a general power to Magistrates to reopen civil proceedings. Therefore, the only route to re-consider a Liability Order was by way of Judicial Review.

However, that all changed with a few cases. Now, a person who has a Liability Order made against them can apply to the Magistrates Court to have them set it aside.

We have dealt with Liability Orders ranging from £250 to £120,000. We receive nationwide instructions and often instruct specialist barristers to attend hearings.