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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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COURT DECLARATION I would really be grateful if you could

Resolved Question:

COURT DECLARATION

I would really be grateful if you could look into whether a Court Declaration might be possible - the simple threat of one might focus the Council's mind - they caved in last time at the steps of the court because of this threat - I am told this is their standard practice

Please do let me know anything you can find out about the COURT DECLARATION

Thanks, Andrew
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

I can find no basis for jurisdiction of the county court over the local authority in this matter. The only basis for challenging the council on this point would appear to me to be an application for judicial review using form N461 under the provisions of the Supreme Court Act.

Customer:

But this could only be after they made a decision I disagreed with

Customer:

Thanks anyway for try

Customer:

Speak to you soon no doubt

Customer:

Andrew

Joshua :

It is also possible to lodge a claim for judicial review in respect of a failure of the LA to follow their legal obligations.

Customer:

So at which stage could I do this?

Customer:

They do not have a form suitable for me to fill out now, so does that mean that after a pre-action protocol letter that I could lodge a JR

Customer:

One would hope that the threat of a JR would cause them to make me such a form - even if just knocked up in Word - this way everyone would save money...

Joshua :

If your argument is that they have not followed their legal obligations to provide a process that allows you to comply with the legislation then you would appear to have the basis for a challenge - though of course I cannot say if it would be successful. On the basis that you have the basis for a complaint however you can consider an application following compliance with pre action protocol.

Joshua and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for everything so far


Is this the last bit of advice I should have rated you / paid you a bonus for?


Let me know if this is OK


Andrew