Council cookie monsters found to be in charge of the Court cookie Jar!
☄️Post Office 2.0 on the horizon
On the 21st December last year we cheered up your Christmas* and now we are going to cheer up your Easter!…
The new ruling
On 28th March 2024 a UK judge ruled in favour of a defendant against the unlawful actions of their own court and overturned a Council Tax Liability Order that was found to be granted without the due process of law.
Breaking new ground
This is thought to be the first time a challenge of this type has been successful after campaigners throughout the U.K. have been ignored for the past 2 years by HMCTS who have come under fire for acting as establishment gatekeepers and prevented such matters being heard by making futile legal challenges against defendants who are simply attempting to ensure the courts and its legal advisors do their job correctly in accordance with the separation of powers that was mandated in The Bill of Rights which is the foundational constitutional document that sets the rules on how government must rule as the servant of The People and not its master. This has led campaigners to describe the courts as a “captured operation” due to its cosy first name relationships with council bosses who provide millions of pounds of revenue to the courts each year, and even jokingly “institutionally racist” due to the fact that they discriminate against any person with a face ( regardless of what colour it is ). 🌝🤡🌚
Ministry of Justice forced to make changes after councils run amok!
The Ministry of Justice has been forced to amend their council tax guidance to the courts twice in 7 months, most recently in January 2024 after scrutiny of their processes by campaigners revealed they were not fit for purpose, and had degenerated into a rubber stamping exercise without lawful due process amid accusations of HMCTS were colluding with councils to set up unlawful Administrative Courts and court staff routinely referring enquiries and requests for documents about council tax back to the councils! who they said had just “rented a room” in the court which has fired speculation on internet chat rooms about fake courts. It has been revealed that The Ministry of Justice has allowed councils to run amok by taking charge of the administration of the summons process and issue biased and misleading documents to defendants which are stuffed full of half truths designed to bully defendants into submission by pretending they have no rights to question proceedings and adorned with fake royal crests purporting to be from the court but that were really from the councils themselves.
Gatekeepers Shame
Some councils have shamefully tried to prevent defendants’ access to justice by telling them in their fake documents they have to get permission from the council before appearing before the magistrates, and when they turn up at court they are ushered into a side room and bullied by council officials into signing payment agreements and even threatened with prison by agents if they don’t comply.
Cart before the horse 🚃🫏
In one recent case the court had to quash another Liability Order after it was proved that the council had issued the summons to the defendant AFTER the case was heard and as a result there have been calls for the court to bring the process back in house because councils cannot be trusted to be impartial and have repeatedly breached MOJ specific advice “not to be seen to be in charge of the process”.
Serious malfeasance investigated
An investigation by external forensic experts in 2022 revealed that senior staff from HMCTS had facilitated the approval of court costs behind the scenes by allowing council bosses to submit their court costs budget to a senior magistrate and obtain advance approval of it which could allow the court or the council to circumvent proper lawful scrutiny of the budget in open court as required under the Nicolson case law, on the basis that it could be claimed that the costs were already ‘approved’ by the magistrates and do not need to be checked in open court. This type of ‘inappropriate’ collusion and cover up has fuelled calls for a rethink of the processes that have been found to be abused and not fit for purpose.
Lord Chancellor called on to investigate
A report on this matter has been forwarded to The Rt. Hon. Alex Chalk MP at the Lord Chancellors Office, to consider whether this is an attempt to or a conspiracy to pervert the course of justice and a reply is eagerly awaited. The Magistrate concerned has been contacted and asked for a comment but has failed to do so.
Oops we did it again!
Although the exact details of this latest ruling are yet to be disclosed by the court, the issues arose because the council and the court yet again failed to adhere to the Nicolson case law guidance to allow scrutiny of the summons costs. This is because councils like Buckinghamshire have been routinely caught including items in the costs budgets which had no business being there and the council and the courts are wilfully blind to this and have been caught trying to pretend nothing happened writing off as ‘internet rumours’ and then abetting the offence by carrying on as normal. https://www.legislation.gov.uk/ukpga/Vict/24-25/94/contents/enacted This has caused some disgruntled defendants to actually arrest council representatives and judges in the act of committing perjury whilst they were in the dock swearing on oath to information which they knew was provably false or presiding in cases after they were made aware that the evidence is untrue and taking no action. These incidents could escalate unless prompt action is taken to stop the lawless council tax gravy train.
Other UK councils were caught pocketing a total of £34M worth of refunds from the MOJ that were due to cash strapped defendants struggling to pay eye watering energy bills after councils claimed it was too time consuming and difficult to give people back their refunds.
Council bosses face relegation 📉
In the latest case Council bosses were relegated to the cheap seats in the public gallery whilst the court heard the shocking details of how their own so-called ‘legal advisor’ had ignored the law and fudged due process by failing to ensure the summons was even lawfully granted by a JP in the first place, and then depriving the defendant their human rights to cross examine the council on their spurious costs submissions. The multiple breaches of the law were so obvious and egregious that the judge took just 10 minutes to reach the verdict.
Breach of Judicial Oath 🏴☠️
🗽
The magistrates themselves shamefully failed to honour their solemn judicial oath…
“Judicial oath
“I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign King Charles the Third in the office of ________ , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.”
…of impartiality ( showing favour ) and rushed to judgment without applying their minds to enquire into the matters before them as they are bound to do, and instead ruled in favour of the council without considering the defendants oral and written submissions which were shamefully handed back to the defendant in the court without due consideration.
This new victory is the next domino to fall and follows on the heels of the recent Leighton High Court ruling which was first reported here which banned bailiffs from attending a premises without proof of the actual Liability Order issued by the court. Legal experts are now of the opinion that even Charging Orders and Attachments of earnings are unlawful and unenforceable and will be releasing legal opinions on these matters soon and these will be the last two nails in the council tax coffin ⚰️.
In summary, councils would seem to be powerless to legally enforce ‘judgments’ unless they incite bailiffs to break the law despite riding roughshod over defendants rights in courts to obtain them in the first place.
The end is nigh for the council gravy train ⚖️⛓️🚂⛓️⚖️
🔪🔪🔪 The knives have been out for a while
Knives have been drawn against councils for a while after they were found to be complicit in enforcing unlawful government diktats during the pandemic madness which harassed local business owners and caused misery, suicide and bankruptcy to many.
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Brilliant news! Thank you so much for what you do 🙏
You sir, are a legend and a scholar!💙