Source: All England Reporter
Publisher Citation: [2002] All ER (D) 302 (Nov)
Neutral Citation: [2002] EWHC 2467 (Admin)
Court: Administrative Court

Maurice Kay J

Representation Norman Wright (instructed by Peter Bounds, Liverpool) for the appellant.
  James Findlay (instructed by Linder Myers, Salford) for the respondent.
Judgment Dates: 21 November 2002


Magistrates - Justices - Powers - Power to reopen - Application for rates liability order - Justices granting order without considering application for adjournment.

The Case

When a magistrates' court purported to do something that was unlawful and in excess of its jurisdiction, it was competent to correct its error. A statutory provision was not required to enable it to reopen a matter in which the justices had not considered an application for an adjournment. Accordingly, the justices had not acted unlawfully by setting aside a liability order that they had made without considering an application by the respondent for an adjournment.

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