Morley, R (On the Application Of) v Surrey Heath Borough Council & Anor [2025] EWHC 1678 (Admin) (03 July 2025)

Morley, R (On the Application Of) v Surrey Heath Borough Council & Anor [2025] EWHC 1678 (Admin) (03 July 2025)

It was unlawful for the Council to issue a summons demanding costs calculated by averaging cases including those where liability orders were obtained, as this included costs not yet incurred and contravened Regulation 34. However, relief is refused because the claimant failed to pursue alternative remedies and it is highly likely the outcome would have been the same.

Citation
[2025] EWHC 1678 (Admin)
Parties
Claimant: John Morley; First Defendant: Surrey Heath Borough Council; Second Defendant: Guildford Magistrates' Court
Jurisdiction
England and Wales
Judgment Date
03 July 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed. Permission for judicial review granted as against the Second Defendant, but no relief granted.
Legal Topics
Council Tax Recovery, Judicial Review Procedure, Costs in Magistrates' Court, Alternative Remedies
Administrative Law Local Government Law Council Tax Recovery Judicial Review Procedure Costs in Magistrates' Court Alternative Remedies

Case Brief

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Parties

John Morley

Claimant

Surrey Heath Borough Council

First Defendant

Guildford Magistrates' Court

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether it was lawful for the Council to issue a summons demanding payment of costs calculated by averaging cases including those where liability orders were obtained, as a pre-condition for avoiding a liability order.
  2. 2 Whether the claimant is entitled to relief given the availability of alternative remedies and the likelihood of the same outcome.

Ratio Decidendi

It was unlawful for the Council to issue a summons demanding costs calculated by averaging cases including those where liability orders were obtained, as this included costs not yet incurred and contravened Regulation 34. However, relief is refused because the claimant failed to pursue alternative remedies and it is highly likely the outcome would have been the same.

Court Disposition

Claim dismissed. Permission for judicial review granted as against the Second Defendant, but no relief granted.

Orders

  • Claim dismissed.
  • No order as to costs (preliminary view).