This week I want to focus on an issue which very rarely comes into play. Our client incurred a Civil Penalty which they strongly believe is wrong and accordingly the only solution is to lodge an appeal against the decision. Appeals of this nature are quite rare. The issues themselves and the law on this is clear. The problem was actually in lodging the appeal which must be in a County Court. This is where the problem began. The first issue is where to lodge it. A Practice Direction which determines procedure states that it has to be at an “appropriate centre”. What this means is anybody’s guess. My office contacted the Court on around 15 occasions over the next 3 days but there was no answer. Emails were also sent, read but not responded to. We contacted the Ministry of Justice to ask for their help and they suggested the Royal Courts of Justice who told us in no uncertain terms that they were not responsible for the County Courts.
As time was running out, my colleague visited the Willesden County Court and was told that applications could no longer be issued there as the Circuit Judges had moved to Barnet. Undeterred she travelled to Barnet and was initially told that she would need an appointment. Her persistence paid off and a member of staff finally appeared and agreed to accept the application.
Despite the huge volume of information that the Court Service sends out, most of it useless, there was absolutely nothing on the internet which signposted applicants to the correct venue where applications can be lodged.
This is the situation that I faced as a solicitor with experience of the law. What hope would a lay person have in these circumstances. With the reduction of legal aid and the likely rise of applications it is vital that someone gets a handle of this and makes it more user friendly. This is a blatant case of justice denied.
County Courts have a good online system for money claims but nothing clear for other claims. In fact in this particular case the officers had never heard of an appeal against a Civil Penalty. Something must be done about this.
The new NHS charges
The new charges that are to be imposed on Tier 4 Students and other non permanent applicants came into force on the 6th April. It is interesting to note that those who come on intra company transfers (who are coming to work for multinational companies) and Australian and New Zealand nationals are exempt. It is not clear on what basis this decision has been made. I am tempted to speculate.
