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Applications to the Court of Appeal

Ebo Buckman made this Freedom of Information request to Her Majesty’s Courts and the Tribunals Service

The request was refused by Her Majesty’s Courts and the Tribunals Service.

From: Ebo Buckman

26 September 2010

Dear Her Majesty's Courts Service,

I write to request information under the Freedom of Information Act
2000.

Please provide details of all - dealt with on paper - applications
referred to Lord/Lady Justices between January and March 2008.
Please list by case reference, type of application, and date
application was referred to Lord/Lady Justice.

Please provide details of all decided paper applications received
from Lord/Lady Justices and passed to the List Office between
January and March 2008. Please list by case reference and date
decided application received from Lord/Lady Justices was passed to
the List Office. Please state if decided application was granted or
refused.

Yours faithfully,

Ebo Buckman

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From: Over, Darren (ARU)
Her Majesty’s Courts and the Tribunals Service

27 September 2010

Freedom of Information Request FOI/67314/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 2567
F 020 3334 2245
E [HMCS request email]

www.justice.gov.uk

27-SEP-10 Our Ref:FOI/67314/10

Dear Ebo Buckman,

SUBJECT: Freedom of Information Request

Thank you for your correspondence of September 26, 2010, in which you
asked for information about Applications to the Court of Appeal under
the Freedom of Information Act 2000 (FOIA) from the Ministry of Justice
(MoJ).

You will receive a response from us by October 22, 2010. Your request
has been passed to the appropriate business unit within the MoJ, and
they will write to you with their decision by this date.

The FOIA does provide a number of exemptions. A qualified exemption
requires that before relying on it we must consider the public interest
test. If the information you have requested is covered by a qualified
exemption(s) under FOIA, the Department is allowed to take longer than
20 working days to respond. This is because in such circumstances we are
required to consider the public interest issues when deciding whether or
not to disclose the information requested.

If more time is needed to consider the public interest issues under a
qualified exemption(s), we will write to you and inform you of the
revised date you can expect to receive a response to your request.

If you have any queries regarding this request please do not hesitate to
contact us. Please quote ref: FOI/67314/10 in all future correspondence.

Yours sincerely,

Darren Over
(Sent on behalf of Finn O'Neill)
Data Access and Compliance Unit

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Leo, Luigi

19 October 2010


Attachment Buckman response.doc
212K Download View as HTML


Dear Mr Buckman,
I attach our response to your Freedom of Information request.

Yours sincerely

Luigi Leo l Regional Governance Officer l KILO l Deputy Head of Finance
Royal Courts of Justice Group l Strand l London l WC2A 2LL
'0207 947 6027 l 70207 947 7750 l
* [1][email address].

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. file:///tmp/blocked::mailto:[email address]

Link to this

From: Ebo Buckman

19 October 2010

Dear Leo, Luigi,

In your response to my request under the Freedom of Information Act
2000, you stated that the information I request is exempt from
disclosure under Section 32(1) of the Act. This is incorrect
because the information I request is contained in the ‘archived’
Listings Calendar for Civil Appeals. The Listings Calendar for
Civil Appeals is at some point in time, in the ‘public domain’.

Freedom of Information Act 2000 Section 32:

1) Information held by a public authority is exempt information if
it is held only by virtue of being contained in—

a) any document filed with, or otherwise placed in the custody of,
a court for the purposes of proceedings in a particular cause or
matter,

b) any document served upon, or by, a public authority for the
purposes of proceedings in a particular cause or matter, or

c) any document created by—

i) a court, or

ii) a member of the administrative staff of a court,

for the purposes of proceedings in a particular cause or matter.

2) Information held by a public authority is exempt information if
it is held only by virtue of being contained in—

a) any document placed in the custody of a person conducting an
inquiry or arbitration, for the purposes of the inquiry or
arbitration, or

b) any document created by a person conducting an inquiry or
arbitration, for the purposes of the inquiry or arbitration.

3) The duty to confirm or deny does not arise in relation to
information which is (or if it were held by the public authority
would be) exempt information by virtue of this section.

4) In this section—

a) “court” includes any tribunal or body exercising the judicial
power of the State,

b) “proceedings in a particular cause or matter” includes any
inquest or post-mortem examination,

c) “inquiry” means any inquiry or hearing held under any provision
contained in, or made under, an enactment, and

d) except in relation to Scotland, “arbitration” means any
arbitration to which Part I of the M1Arbitration Act 1996 applies.

In this instance, the Freedom of Information Act Section 32(1) does
not apply because he information I request is not:

a) a document(s) filed with, or otherwise placed in the custody of,
a court for the purposes of proceedings in a particular cause or
matter,

b) a document(s) served upon, or by, a public authority for the
purposes of proceedings in a particular cause or matter, or

c) a document(s) created by -

i) court, or

ii) member of the administrative staff of a court,

for the purposes of proceedings in a particular cause or matter.

Yours sincerely,

Ebo Buckman

Link to this

From: Ebo Buckman

21 October 2010

Dear Leo, Luigi,

I refer to my letter of 19 October 2010 in requesting an internal
review of your decision.

Yours sincerely,

Ebo Buckman

Link to this

From: Leo, Luigi

21 October 2010

Mr Buckman,
Thank you.
I can confirm that your email of 19 October 2010 has been passed to our
Data Access Compliance Unit to be logged as a request for Internal
Review.

Thank you

Luigi Leo l Regional Governance Officer l KILO l Deputy Head of Finance
Royal Courts of Justice Group l Strand l London l WC2A 2LL
'0207 947 6027 l 70207 947 7750 l * [email address].

show quoted sections

Link to this

From: Pencil, Carl
Her Majesty’s Courts and the Tribunals Service

22 October 2010

Internal Review IR/67665/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T: 020 3334 3256
F: 020 3334 2245
E: [1][email address]
[2][HMCS request email]

www.justice.gov.uk

22-OCT-10 Our Ref:IR/67665/10

Dear Ebo Buckman,

Thank you for your correspondence of October 19, 2010, in which you
asked for an Internal Review into handling of your request for
information with reference number FOI/ 67314(old reference).

Your request for an Internal Review is being handled in accordance with
the Freedom of Information Act 2000 and will be passed to the Unit that
will carry out this process.

Please do not hesitate to contact me if you have any queries.

Please quote Ref: IR/67665/10 in all future correspondence.

Yours sincerely,

Carl Pencil
Data Access and Compliance Unit

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
2. mailto:[HMCS request email]

Link to this

From: Leo, Luigi

2 November 2010


Attachment Buckman IR.doc
208K Download View as HTML


Dear Mr Buckman,
I attach our response to your request for an Internal Review of the
decision made on 19 October 2010 in respect of your Freedom of Information
request.

Yours sincerely

Luigi Leo l Regional Governance Officer l KILO l Deputy Head of Finance
Royal Courts of Justice Group l Strand l London l WC2A 2LL
'0207 947 6027 l 70207 947 7750 l
* [1][email address].

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. file:///tmp/blocked::mailto:[email address]

Link to this

From: Ebo Buckman

3 November 2010

Dear Leo, Luigi,

Thank you for your response. I will refer the matter to the
Information Commissioner.

Considering that you were the original decision maker, was
appropriate for you to review your own decision? Effectively, 'a
judge in your own cause'.

Yours sincerely,

Ebo Buckman

Link to this

From: Leo, Luigi

3 November 2010

Dear Mr Buckman.
Thank you for your email below.
I would like to take this opportunity to inform you that I did not deal
with your original request and was not, as you have suggested, the
"original decision maker". The KILO who dealt with your request was Mr
Risteski.

Mr Risteski had completed his enquiries and had drafted his response to
you. However, before he was able to send you his response he took a
leave of absence from the office. In view of the fact that we are
required to respond to you within 20 working days from the date of your
request I was minded that we were approaching the deadline date for
doing so. Therefore, I took it upon myself to you Mr Risteski's
response.

I trust this clarifies the position for you.

Luigi Leo l Regional Governance Officer l KILO l Deputy Head of Finance
Royal Courts of Justice Group l Strand l London l WC2A 2LL
'0207 947 6027 l 70207 947 7750 l * [email address].

show quoted sections

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