Q&As

If a liability order is obtained and information subsequently comes to light that from a third party that the debt is owed in part by them, so the council issues a fresh demand for a reduced sum, is the liability order still valid or should the council set it aside and start again?

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Produced in partnership with Alan Murdie of Council Tax Legal Services
Published on LexisPSL on 04/02/2020

The following Local Government Q&A produced in partnership with Alan Murdie of Council Tax Legal Services provides comprehensive and up to date legal information covering:

  • If a liability order is obtained and information subsequently comes to light that from a third party that the debt is owed in part by them, so the council issues a fresh demand for a reduced sum, is the liability order still valid or should the council set it aside and start again?
  • Obtaining the liability order
  • Amending the liability order if incorrect

The Q&A relates to liability orders in the magistrates and although the order is the most commonly issued civil judgment it falls outside the CPR rules.

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, SI 1989/1058, govern collection and recovery of National Non Domestic Rates (NNDR). Billing authorities have the power to serve NNDR demands electronically under the Council Tax and Non Domestic Rating (Electronic Communications) (England) Order 2003, SI 2003/2604. The rate falls due when the demand is served. The demand must be served as soon as practicable. The person liable for payment of NNDR must be sent a reminder. If, after 14 days, the installments due have not been paid, the full annual sum outstanding becomes due and a summons may be issued. See: Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, SI 1989/1058, regs 8, 9.

Obtaining the liability order

The detailed provisions on demand notices and recalcula

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