Wednesday, May 11, 2005

Metric Martyrs Judgment could affect the Child Support Agency

In a new twist to the Parking Ticket challenge using the Bill of Rights and the Metric Martyrs Judgment the Child Support Agency could be thrown into chaos.
As we pointed out, the Metric Martyrs Judgment created a new legal precedent developing the concept of 'hierarchical' or 'constitutional' statutes which could only be repealed with express wording.
The Bill of Rights 1689 states, "That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void."
We said that this would lead to problems for all fines issued by administrative bodies. Not just local authorities implementing decriminalised parking regimes but also the Inland Revenue, Companies House with their late payment penalties and the DVLA with their SORN notices.
Now it appears as though the Child Support Agency are about to be thrust into the arena. The Child Support Act 1991 makes no reference to the Bill of Rights 1689 and therefore does not repeal the relevant section with 'express wording.' It will therefore only be a matter of time before someone challenges the legitimacy of any Child Support Agency decision, made without reference to a court of law.
If the figures of 700,000 are correct and the average decision by the CSA equates to £10,000 then it looks like someone is going to have a potential £7 billion headache on their hands.
Or were the Metric Martyrs wrongly convicted?

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