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Suing council- need a case law/statute
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I was just trying to establish that whilst no case law may exist, this does not mean the law does not.
Absolutely, I agree. Often the statutory provisions are so clear that reference to case law isn't needed. But somewhere - be it statute, regulations, or case law, there must be legislation or common law on which to base the case, and it is up to the claimant to satisfy the court on this point, if directed to do so.
Edit - I do wonder if OP might be better asking the ombudsman to look into this matter http://www.lgo.org.uk/ or even his MP. There is usually more than one way to skin a cat.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Edit - I do wonder if OP might be better asking the ombudsman to look into this matter http://www.lgo.org.uk/ or even his MP. There is usually more than one way to skin a cat.
If the OP thinks that the revised benefit award is wrong then he can appeal to a tribunal.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
zzzLazyDaisy wrote: »Edit - I do wonder if OP might be better asking the ombudsman to look into this matter http://www.lgo.org.uk/ or even his MP. There is usually more than one way to skin a cat.
Haven't seen the original post -it's disappeared, but the LGO absolutely will not get involved if you have, or could have, gone to court, or where there an "alternative means of resolution".
At worst, they will muck about for a year or so, as they did to me, and then tell you that they won't do anything.
Also remember that the Council have much more money than you, (and it's only council tax-payers money). In my case the council spent £17,000 on legal costs to dishonestly evade a small claim of £5,000.0
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