John Morley, R (on the application of) v Surrey Heath Borough Council & Anor

John Morley, R (on the application of) v Surrey Heath Borough Council & Anor

It was unlawful for the Council to issue a summons demanding payment of costs based on an average including cases where liability orders had to be applied for, as such costs are not incurred at the summons stage. However, relief is refused because the Claimant failed to pursue alternative remedies and it is highly likely the outcome would have been the same.

Parties
Claimant: John Morley; First Defendant: Surrey Heath Borough Council; Second Defendant: Guildford Magistrates’ Court
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed; permission granted for judicial review but relief refused.
Legal Topics
Council Tax Recovery, Costs in Enforcement Proceedings, Alternative Remedies, Judicial Review Procedure
Administrative Law Local Government Law Council Tax Recovery Costs in Enforcement Proceedings Alternative Remedies Judicial Review Procedure

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

Legal Issues

  1. 1 Whether it was lawful for the Council to issue a summons demanding costs based on an average including cases where liability orders had to be applied for
  2. 2 Whether the Claimant is entitled to relief given the existence of alternative remedies
  3. 3 Whether the outcome for the Claimant would have been different absent the unlawful conduct

Ratio Decidendi

It was unlawful for the Council to issue a summons demanding payment of costs based on an average including cases where liability orders had to be applied for, as such costs are not incurred at the summons stage. 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 granted for judicial review but relief refused.

Orders

  • No order as to costs; each party to bear their own costs.
  • Claimant's application to amend the Second Defendant's name allowed.