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

This case is about the opportunity for counsel to make submissions in opposition to an application for costs in the Magistrates’ Court.

The Claimant was served with a liability notice to pay council tax to the Interested Party. That liability was contested and the dispute came before two justices at the Leicester Magistrates’ Court on 29^th May 2024. They declined to quash the liability notice and ordered the Claimant to pay £13,500 in costs to the Interested Party. Eyre J granted permission to apply for judicial review on a single ground (Ground 3 on the Claim Form):

“The Order of the costs made by the Lay Magistrates on 29^th May 2024 without giving an opportunity to my Legal Representative to address them on the issue of the costs, is a breach of Human Rights and against the law”.

The over-arching issue is one of fact: did the Claimant have a fair opportunity to make submissions to the justices on the principle of payment of costs to the Interested Party, and if costs were to be paid, the amount? The facts are in dispute. Therefore Eyre J gave permission for witness statements to be filed and for the witnesses to be cross-examined.