Page 1 of 1

From: " "< @btopenworld.com>

To: <Alison.Watts@hmcts.gsi.gov.uk>
Cc: <eve.richardson-smith@nelincs.gov.uk>; "Crocken, Karen" <karen.crocken@hmcts.gsi.gov.uk>;
"Raven, Mike (Gov Connect)" <Mike.Raven@Nelincs.gcsx.gov.uk>
Sent: 10 January 2014 16:09
Attach: Doncaster CrimPR 64.3(6) 10 January 2014.pdf
Subject: Re: Representations on Draft Case - CrimPR 64.3 (6)

Dear Mrs Watts

Please find attached letter in regards the application to state a case.

Yours sincerely

07/09/2016
Justices' Clerk for Humber & South
Yorkshire Grimsby
Doncaster Magistrates Court North East Lincolnshire
PO Box 49
The Law Courts
College Road
Doncaster DN1 3HT

10 January 2014

Dear Mrs Watts

Re: North East Lincolnshire Council V

Grimsby and Cleethorpes Magistrates' Court - 2 November
2012 Application to State a Case

I refer to the draft case received 30 July 2013 and the 21 day time limit from receipt of the draft
case to submit any written representations upon its content.

May I bring it to your attention that on 19 August 2013, representations were served together with
letter advising the Court it had (from the latest day on which representations may be made) 21
days to state and sign the case in accordance with rule 78 of the Magistrates' Courts Rules 1981.

Accordingly, the final signed case was expected on or before 10 September 2013 (overrun by 4
months). I would therefore like to know why the justices have decided against complying with the
relevant rules.

Yours sincerely

.
 Page 1 of 1

From: " "< @btopenworld.com>

To: <Alison.Watts@hmcts.gsi.gov.uk>
Cc: <eve.richardson-smith@nelincs.gov.uk>; "Crocken, Karen" <karen.crocken@hmcts.gsi.gov.uk>;
"Raven, Mike (Gov Connect)" <Mike.Raven@Nelincs.gcsx.gov.uk>
Sent: 13 February 2014 17:18
Attach: Recognizance 13 February 2014.pdf
Subject: Case Stated - Recognizance (re, North East Lincolnshire Council)

Dear Mrs Watts

Please find attached letter in regards arranging recognizance.

Yours sincerely

07/09/2016
Justices' Clerk for Humber & South
Yorkshire Grimsby
Doncaster Magistrates Court North East Lincolnshire
PO Box 49
The Law Courts
College Road
Doncaster DN1 3HT

13 February 2014

Dear Mrs Watts

Re: North East Lincolnshire Council V

Grimsby and Cleethorpes Magistrates' Court - 2 November
2012 Application to State a Case

Further to there being no response to my letter of 10.1.14, I am left not knowing why the justices
did not state the case in accordance with rule 78 of the Magistrates' Courts Rules 1981.

It must be assumed that the court only gave an undertaking to serve the draft case, re
acknowledgement of service (Judicial Review 8.7.13) and not intended delivering the case stated
until recognizance had been agreed.

As a consequence of the judicial review claim, I understand that despite a sum (500) being
stated in your letter (24.1.13), the appropriateness and/or the amount may be considered on
agreeing recognizance. It would appear that if this appeal is to be progressed it will be conditional
on entering into recognizance. I therefore ask that arrangements are made for this to take place
and await your response.

Yours sincerely

.
 Page 1 of 1

From: " "< @btopenworld.com>

To: <Alison.Watts@hmcts.gsi.gov.uk>
Cc: <eve.richardson-smith@nelincs.gov.uk>; "Crocken, Karen" <karen.crocken@hmcts.gsi.gov.uk>;
"Raven, Mike (Gov Connect)" <Mike.Raven@Nelincs.gcsx.gov.uk>
Sent: 22 April 2014 14:48
Attach: Cert - refusal to state case 22 April 2014.pdf
Subject: Re: Certificate of Refusal to state a case - s.111(5) MCA 1980 (re, North East Lincolnshire
Council)

Dear Mrs Watts

Please find attached letter for your attention requiring the production of a Certificate of refusal to state a case
under section 111(5) of the Magistrates Court's Act 1980.

Yours sincerely

07/09/2016
Justices' Clerk for Humber & South
Yorkshire Grimsby
Doncaster Magistrates Court North East Lincolnshire
PO Box 49
The Law Courts
College Road
22 April 2014
Doncaster DN1 3HT

Dear Mrs Watts

Re: North East Lincolnshire Council V

Grimsby and Cleethorpes Magistrates' Court - 2 November
2012 Application to State a Case

Thank you for your email of 6 March 2014 in which you stated:

I will have written communication with you either later today or first thing tomorrow
setting out the position with your case and advising you on next steps.

I did not receive the aforementioned communication, neither have subsequent calls to your office
made 19 and 28 March prompted a response. The net result being that the case, for which the
Magistrates owe a legal duty to state for the opinion of the High Court, has not been stated.

As no contact has been made regarding my 13 February 2014 letter to agree recognizance and
every attempt to proceed with the appeal has drawn a blank, it appears the court is refusing to
state the case.

Pursuant to section 111(5) of the MCA 1980, a magistrate can refuse to state a case, but must
consider the application 'frivolous'. The meaning of the term was considered by the Civil Division of
the Court of Appeal in (R v Mildenhall Magistrates' Court, ex p Forest District Council). The then
Lord Chief Justice in considering the meaning of 'frivolous' was of the view that in the context, the
Court should consider the application to be futile, misconceived, hopeless or academic. He went on
to say that such a conclusion was not one to which the justices can properly come simply because
they consider their decision to be right or immune from challenge.

Presuming the application is not considered 'frivolous' (a draft has been produced) there is no
obvious reason why the court has not stated the case as legally required. However, as the court
may only refuse on these grounds then I require a certificate stating that the application has been
refused (section 111(5) MCA 1980) setting out the reasons why, so I may under section 111(6)
seek a second mandatory order from the Administrative Court requiring the case to be stated.

Yours sincerely