Sentences with phrase «liability order»
However, with ongoing pressure for the government to reduce the approximate # 3.5 bn of debt, the CSA is making a record number of applications for liability orders.
newlawjournal.co.uk
Details of liability orders obtained for not paying child maintenance can be recorded on your credit report and are deleted after six years.
local authority and trading standards prosecutions such as applications for liability orders following non-payment of non-domestic rates, unlicensed street trading, prosecutions under the Housing Act 2004 and consumer protection legislation;
Applying the Mitchell / Denton principles, which the Court of Appeal held did apply, courts are likely to find that the delay in appealing out of time against an additional liabilities order is not trivial, but that there was a good reason for it, namely that an Act of Parliament and a decision of the House of Lords had all made any prospect of successful appeals apparently hopeless — Callery v Gray [2002] UKHL 28, [2002] 3 All ER 417
If, meanwhile, a s 111A appeal against the same liability order follows then, whatever the magistrates» proceedings were, they become «family proceedings» on the appeal notice being fi led.
This factsheet explains what liability orders are in child maintenance cases and how to pay them.
This factsheet explains more about liability orders and how to pay them.
The need for court scrutiny of liability orders must have been intended by Parliament.
If you are behind with your council tax, and have not come to an arrangement to pay, the council will apply for a liability order.
There is usually no need to attend the liability order hearing.
If you have received notice of a hearing, or that a liability order has already been made, get advice as soon as possible.
If they can not do any of these things, the CSA or CMS can ask the magistrates» court for a «liability order».
Enforcement of payment of child support arrears derives from the liability order (CSA 1991 s 33: see NLJ, 6 March 2009, p 334 and NLJ, 20 March 2009, p 415).
When a liability order is made — as the law now stands: further embellishments to this already primitive scheme are proposed by the Child Mainteneance and Other Payments Act 2008 and await implementation — then three main possibilities open up for Child Maintenance and Enforcement Commission (the Commission) whose operations are still carried out by the Child Support Agency (CSA):
On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.
(Magistrates Courts Act 1980 s 76 (1) suggests that this sum should be «adjudged», which — if «adjudgement» means following a defendant's opportunity to contest the amount adjudged — only tangentially applies to liability orders (see previous articles in this series).
New provisions include: - A liability order alongside all sorts of variants on the deduction from earnings order.
Thus the Commission can apply for imprisonment of a parent who is subject to a liability order.
Quite apart from any other considerations, it would be surprising if a challenge to the jurisdiction of the secretary of state to make a maintenance assessment could be left to such a late stage as an application for a liability order.»
Here the liability order is in question.
By contrast he saw the magistrates» duties as follows (at [16]-RRB-: «[O] n an application for a liability order the magistrates» court must proceed on the basis that the maintenance assessment in question was lawfully and properly made.
The Commission applies to the justices for a liability order.
The liability order fixes a set amount.
The secretary of state applied to the magistrates for a liability order for the arrears not paid through the Agency.
On the justices deciding, for example, to make a liability order in their civil or family jurisdiction, legal aid is applied for as if it were criminal proceedings.
If the liability order goes to the county court for enforcement under s 36 it is family proceedings till a claim is issued, then it becomes civil proceedings; and whilst in family proceedings a r 7.1 affidavit must be sworn.
Liability orders should be pursued where acting for the PWC and thereafter, requests should be made for further action, either by way of bailiff action or charging orders, to secure payment.
This is called a liability order.
This factsheet explains about legal action we can take, called a liability order, if a parent doesn't pay the child maintenance they owe.
We can ask the parent to make payments towards the liability order.
A liability order is a type of court order.