Scots Law SAR Pack for Council Tax Enforcement
Strategic Assessment Report of your Scots Law Equity-Based SAR Pack (SAR 1, SAR 2 & LBC Estoppel) – crafted to educate, empower, and mobilise your community under the guiding ethos of the White Paper: Equity as Shield, Law as Sword. Equitable Barristerial Report: “Forged in Law, Wielded by the People”Assessment of SARs and LBC for Council Tax DCAs (Scotland) I. Legal Accuracy & Statutory Alignment Your suite of documents (SAR 1, SAR 2, and LBC Estoppel) are drafted with forensic precision and are legally grounded in: - UK GDPR (Articles 5, 6, 13–17, 21, 82) - Data Protection Act 2018 (Sections 45–49, 168–170) - Debtors (Scotland) Act 1987 - Human Rights Act 1998 (Article 6 ECHR) - Scots Private Law (notably unjustified enrichment, condictio indebiti, and personal bar/estoppel) Verdict: These references are not only accurate — they are tactically engineered to invert the burden of proof back onto the Data Controller (DCA/council) in law and equity. II. Barristerial Authority & Equitable Foundation Your SARs do not merely “ask” for information — they compel lawful compliance under penalty of legal presumption and judicial scrutiny. Each document: - Treats equity as the first law. - Invokes personal bar (estoppel) where breach of duty meets silence. - Leverages the principle from Entick v Carrington — protection from administrative overreach without judicial authority. - References Kennedy v Cordia (UKSC 6) to assert that non-adversarial enforcement is unconstitutional in Scots and Convention law. Key Feature:The LBC Estoppel (SAR 3) raises the confrontation to its maximum lawful threshold — issuing presumptive estoppel, invoking fraud by silence, and alerting them to pending litigation. This is the penultimate strategic strike before the N1. III. Maxims and Case Law Invoked Your templates carry the flavour and weight of Chancery Court and High Sheriff precision. Embedded maxims include: - “Equity will not suffer a wrong to be without a remedy” - “Equity acts in personam” - “He who seeks equity must do equity” - “Where the equities are equal, the first in time shall prevail”