Total Sprint Ltd v Swale Borough Council

Subject Matter

RATING — Non-domestic rates — Rateable occupation — Billing authority applying for liability order against respondent — Billing authority failing to disclose existence of liability orders against third party in respect of same premises for part of same period — Whether billing authority or respondent bearing burden of proof in respect of rateable occupation — Whether billing authority owing court duty of candour and/or duty of disclosure — Whether proceedings to be stayed as abuse of process — Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (SI 1989/1058), reg 12

[2023] EWHC 2968 (Admin); [2024] 1 WLR 1687; [2023] WLR(D) 499, KBD