AC-2024-BHM-000217 - [2025] EWHC 2510 (Admin)

I turn now to what happened in the weeks following the conclusion of that hearing.

The first event was for Mr Khan to send an application to review the costs order to the Magistrates’ Court on 3^rd June. It said nothing about natural justice. The second event was for Mrs Khan to send a document to the Magistrates’ Court in these terms:

“Notice of appeal against costs order 13 June

“The Counsel for Leicester City Council, acting on behalf of the Revenue and Benefit Department, produced a Statement of Costs (Summary Assessment Order) claiming £22,491.80 costs in relation to these proceedings. The Learned Lay Magistrates did not enquiry why this matter was not dealt with on 25 January 2023 and why, on the first opportunity on 25 January 2023 before the Learned District Judge, Mr Watson, the issue of jurisdiction was not raised. The Learned Lay Magistrates should not have exercised their discretion to award the cost in the sum of £13,500 in favour of Leicester City Council because the issue of the jurisdiction should have been resolved on 25 January 2023 without incurring any further cost.

…

The Learned Lay Magistrates were fundamentally wrong to award the costs against me in the sum of £13,500 against me. They did not take into consideration the background of the case. The issue of the jurisdiction should have been resolved on 25 January 2023 before Learned District Judge, Mr Watson, without incurring any costs.”

Next, there was a letter dated 15^th July:

“On 29 May 2024, after the conclusion of the case in relation to the Liability Order, Counsel for Leicester City Council handed over a Schedule of Costs to the Lay Magistrates. The Lay Magistrates, without giving me the opportunity to address on the issue of the costs, immediately retired to consider the issue of the costs against Mrs Tilat Khan. The Lay Magistrates should not have decided the issue of the costs without giving me an opportunity to address them.”

This was the first occasion on which a fairness complaint was made.