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This is an HTML version of an attachment to the Freedom of Information request 'Appeal Case: St Albans District Council v Patel Oct 2008'.

Legal and Democratic Services

Head of Service:

Mike Lovelady LL.B.Solicitor

Our Ref LEGAL/9926/DJE/sd

Your Ref

Please ask for: D J Edwards

Extension: 2548

Fax: (01727) 819255

Date: 2 July 2009

Mr John King

Dear Sir

FREEDOM OF INFORMATION REQUEST - REFERENCE 364000476

ST ALBANS DISTRICT COUNCIL -v- PATEL

APPEAL BY WAY OF CASE STATED

___________________________________________________________________

Thank you for your email dated 18 June 2009 concerning the Appeal by way of Case Stated.

Under the Freedom of Information Act I am required firstly to confirm or deny whether the Council holds the information which is the subject of the request. I confirm that with regard to questions 1 and 2 the Legal Department holds information on the legal and other expenses incurred.

With regard to your question 3, the decision to commence High Court proceedings was taken by the Head of legal and Democratic Services under delegated powers. Accordingly, there are no minutes of a meeting or meetings at which it was decided that the Council would appeal to the High Court.

In response to the questions1 and 2, the Council replies as follows:-

  1. The Council spent £11,350 (excluding VAT) in respect of the fees of external counsel concerning the High Court Appeal. In addition, we incurred train fares to London for the Legal Officer attending estimated at £40 for two days.

  1. Whilst an appeal was lodged by Mr Patel against the Council's Notice served under the Environmental Protection Act 1990, in the event that appeal was withdrawn by Mr Patel when the Council commenced prosecution proceedings in the Magistrates Court. The costs of the prosecution proceedings in the Magistrates Court when Mr Patel was acquitted on the basis of a Best Practical Means defence were £9,150 (excluding VAT) Counsel's fees, together with £150 bailiffs fee for the service of the summonses.

If you are aggrieved by my decision, you may appeal my decision under Stage 2 of the Council's Complaints Procedure to Head of Legal and Democratic Services. If you wish to do so you should write to at St Albans city and District council, District Offices, Civic Centre St Peter's Street, St Albans, AL1 3JE.

You are also able to complain directly to the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. You must do this no later than two months after the Local Authority's last response to you. The Commissioner's Office recommends that you first complain to the Council.

Yours faithfully

David Edwards F.Inst.L.Ex

Principal Legal Executive