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What is a Liability Order?

An instruction provided by a Council or the Child Support Agency to the Magistrates' court giving them a power to recover an unpaid debt by other means such as Attachment of Earnings or Bailiffs.

The Law:

Regulation 33 and Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992

Section 33 and Section 34 of the Child Support Act 1991

The statutory fee for each liability order applied is £3 under Schedule 1(5) of the Magistrates' Courts Fees Order 2008.

If you have been charged more then £3 for the liability order and the council is unable to explain why, then it is recoverable. See Paragraph 61 of the judgment of R (on the application of THE REVEREND PAUL NICOLSON) v LB Haringey [2015] EWHC 1252 (Admin)