Response 3837849

Response to request for information

Reference

3837849

Response date

6 November 2025

Request

I request the following information relating to the council’s council tax liability order applications heard at Nottingham Magistrates’ Court on 19/05/2025, in which Rushcliffe Borough Council was the applicant.

1. The name, job title, and professional status (including any relevant legal qualifications or practicing certificate details) of the council officer who appeared before the magistrates and presented or prosecuted the liability order applications on behalf of the council on that date.
2. Confirmation whether that individual was authorised under the Legal Services Act 2007 (section 12 and Schedule 2) to conduct litigation or exercise a reserved legal activity at that time.
3. Confirmation whether the council holds any statutory exemption or delegation permitting non-legally-qualified officers to appear and conduct litigation before magistrates’ courts in respect of council tax liability order proceedings, and if so, please provide a copy of that delegation or relevant policy.

This information is requested to clarify the council’s compliance with the Legal Services Act 2007 in light of the judgment in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB), which considered the conduct of litigation by non-authorised persons.

Response

1. The name, job title, and professional status (including any relevant legal qualifications or practicing certificate details) of the council officer who appeared before the magistrates and presented or prosecuted the liability order applications on behalf of the council on that date.
   • Rebecca Blythe – Court Recovery Officer
2. Confirmation whether that individual was authorised under the Legal Services Act 2007 (section 12 and Schedule 2) to conduct litigation or exercise a reserved legal activity at that time.
   • Under the Legal Services Act 2007 the court recovery officer derives rights of audience from schedule 3 section 1(3) which states an ‘exempt person’ includes a person who has a right of audience before a court granted under any enactment. Her right to conduct litigation derives from Schedule 3 section 2(3) which also references these rights being granted by an enactment. The enactment relevant here is section 223 of the Local Government Act 1972 which permits the local authority to authorise an officer to prosecute or defend proceedings in the Magistrates Court on their behalf and to have conduct of any such proceedings.
3. Confirmation whether the council holds any statutory exemption or delegation permitting non-legally-qualified officers to appear and conduct litigation before magistrates’ courts in respect of council tax liability order proceedings, and if so, please provide a copy of that delegation or relevant policy.
   • Council Tax liability orders are obtained in line with Local Government Finance Act 1992 as amended