Hripsime Lake v Lancaster Magistrates Court & Anor
[2023] EWHC 2727 (Admin)
Sharon Kofa, R (on the application of) v Oldham Metropolitan Bolton Council
27 March 2024
[2024] EWHC 685 (Admin)
High Court
Ms. Kofa challenged a court order making her pay council tax. The judge said she should have challenged it in a lower court first, not the High Court. The High Court refused her request, and she has to pay some of the council's legal costs.
Key Facts
- •Sharon Kofa disputed Oldham Metropolitan Borough Council's council tax demands since 2021.
- •Unpaid council tax and costs accumulated, leading to proceedings in Magistrates' Court, County Court, and finally, the High Court.
- •Kofa challenged a County Court order extending a charging order against her property.
- •Kofa argued that the liability orders underpinning the charging order were invalid due to lack of proper court documentation and absence of her consent to the council tax legislation.
- •Kofa did not attend the County Court hearing to challenge the charging order extension.
- •The High Court considered whether Kofa had alternative remedies available before seeking judicial review.
Legal Principles
Arguable claim with realistic prospect of success for judicial review.
Administrative Court Judicial Review Guide 2023 §9.1.3
Discretionary bars to judicial review, including the availability of alternative remedies.
Administrative Court Judicial Review Guide 2023 §§9.1.4 to 9.1.6
Requirements for liability orders under the Local Government Finance Act 1992 and the Council Tax (Administration and Enforcement) Regulations 1992.
Local Government Finance Act 1992, Council Tax (Administration and Enforcement) Regulations 1992, Regulations 34, 35, 50, 51
Parliamentary sovereignty and the principle of legality in interpreting legislation.
R (Jackson) v Attorney General [2005] UKHL 56
Common law principles of consent and the rule of law.
Ashby v White (1703) 91 ER 665
Availability of appeals and applications to set aside orders as alternative remedies to judicial review.
CPR 52.12(2), Regulation 51(4), CPR73PD §3A
Outcomes
Permission for judicial review refused.
Kofa had available and unused alternative remedies (appeal and application to set aside the charging order) to challenge the liability orders and the charging order.
Kofa ordered to pay Council's costs of acknowledgment of service and summary grounds (£3,250).
Kofa's arguments did not prevail, and there is no good reason for departing from the usual costs order in such circumstances.
No order as to costs of the hearing.
This is the default position in judicial review unless there is a good reason to depart.