Publisher Citation: [2002] All ER (D) 378 (Mar)
Court: Administrative Court
Judge:

Silber J

Representation The claimant appeared in person.
Judgment Dates: 25 March 2002

Catchwords

Rates - Non-payment of rates - Committal proceedings - Non-domestic rates - Claimant dishonouring promise to pay - Claimant accepting unable to pay and contending promise conditional - Whether justices entitled to find culpable neglect to pay - Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, reg 16.

The Case

In light of a claimant's evidence that he did not have the means to pay non-domestic rates for which he was liable and that any offers to pay that he had made were conditional on funds becoming available, there was a clear requirement on the justices, acceding to an application by the rating authority for the claimant's committal on the basis that the claimant had culpably neglected to pay his non-domestic rates, to state why they did not accept that evidence. Since such reasons had not been given, the claimant's committal would be quashed.

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