Outside legal advice

stephen nash made this Freedom of Information request to Christchurch Borough Council

The request was successful.

From: stephen nash

24 November 2009

Dear Sir or Madam,

I am writing to request information under the Freedom of
Information Act 2000, I am outlining my query as specifically as
possible.

1. For the last year the total amount spend on outside legal
advice?
2. The name and address of those provided the advice and how much
was paid to them and to which departments they were provided advice
to?

I would be interested in any information held by your organisation
regarding my request. I understand that I do not have to specify
particular files or documents and that it is the department
responsibility to provide the information I require.

I would like to receive the information in hard copy format

If my letter is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act. I
will also expect you to release all non exempt material. I, of
course, reserve the right to appeal your decision to withhold any
information or to charge excessive fees.

I would be grateful if you could confirm in writing that you have
received this request. I look forward to your response within 20
working days, as outlined by the statute.

Regards

Yours faithfully,

Stephen Nash

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From: stephen nash

24 November 2009

Dear Sir or Madam,

To clarify my request please can you send the information in
electronic form not by hard copy

many thanks

Yours faithfully,

stephen nash

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From: Simon Merritt
Christchurch Borough Council

24 November 2009

Dear Mr Nash

Information Request

I am writing to acknowledge your request for information dated 24
November 2009.

We are dealing with your request and will be in contact with you again.
In most cases we will reply within 20 working days. If, for any reason,
this is not possible we will let you know.

If you have any complaints in respect of your information request,
please write to the Chief Executive at the address below or complete the
on-line complaint form that can be found at www.dorsetforyou.com. If
your complaint is not resolved to your complete satisfaction, you have
the right to apply to the Information Commissioner for a decision.

Yours sincerely

Simon Merritt

Legal and Electoral Officer
Christchurch Borough Council

Tel: 01202 495158
Fax:
Email: [email address]
Web: http://www.dorsetforyou.com

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From: Simon Merritt
Christchurch Borough Council

27 November 2009

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Dear Mr Nash

Information Request

Thank you for your information request dated 24 November 2009.

The Council has the information you asked for. In the last financial
year, 2008/09, the Council spent a total of £78,426.53 on external legal
advice and counsel.

Of this total, £73,904.95 was paid to Public Law Resource Solicitors to
work alongside the Council's in-house Legal department as result of our
being unable to fill two vacancies. Registered address: New House
Sutton Montis Yeovil BA22 7HF. Public Law Resource provided legal
advice predominantly in the areas of planning and contract law as well as
litigation and representing the Council in court.

£4,171.58 was paid to Paris Smith Randall Solicitors for litigation work
carried out in relation to two prosecution cases. One an environmental
health offence and the other a breach of planning regulations. Registered
address, 1 London Road, Southampton, SO15 2AE.

The remaining £350.00 was paid to counsel at Kings Bench Chambers for
professional fees in relation to a prosecution case involving overpayment
of Housing Benefit. Registered address, 175 Holdenhurst Road, Bournemouth,
BH8 8DQ

I hope this satisfies your request. If you have any complaints in respect
of your information request, please write to the Chief Executive at the
address below or complete the on-line complaint form that can be found at
[1]www.dorsetforyou.com. If your complaint is not resolved to your
complete satisfaction, you have the right to apply to the Information
Commissioner for a decision.

Yours sincerely

Simon Merritt

for Head of Legal and Democratic Services

Christchurch Borough Council

Civic Offices

Bridge Street

Christchurch

BH23 1AZ

[2]Christchurch Borough Simon Merritt
Council Logo Legal and Electoral Officer
Christchurch Borough Council

Tel: 01202 495158
Fax:
Email: [3][email address]
Web: [4]http://www.dorsetforyou.com

"LEGAL NOTICE

The information contained in this communication is confidential and may be
legally privileged. It is intended solely for the use of the individual or
entity to whom it is addressed and others authorised to receive it.

If you are not the intended recipient, please notify the sender
immediately then destroy any copies of this message. You are hereby
notified that any disclosure, copying distribution or taking of any action
in reliance on the content of this information is strictly prohibited and
may be unlawful. Christchurch Borough Council ("the Borough Council") is
neither liable for the proper and complete transmission of the information
contained in this communication nor for any delay in its receipt. Any
views or opinions expressed are solely those of the author and do not
necessarily represent those of the Borough Council.

Virus checking:

Whilst all reasonable steps have been taken to ensure that this electronic
communication and its attachments whether encoded, encrypted or otherwise
supplied are free from computer viruses, the Borough Council accepts no
liability in respect of any loss, cost, damage or expense suffered as a
result of accessing this message or any of its attachments." 

References

Visible links
1. http://www.dorsetforyou.com/
http://www.dorsetforyou.com/
3. mailto:[email address]
4. http://www.dorsetforyou.com/

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From: stephen nash

27 November 2009

Dear Simon Merritt,
Thank for your your email
I would like to request the following further information:

1)The contract (including all indexes, appendices and supplements)
between Christchurch Borough Council and Public Law Resource
Solicitors and
2. 2) Bids to tender for Outside Legal Services which Public Law
Resources won ; (and
3. A copy of the invoices and statement issued by Public Law
Resources Solicitors for services render by them

I would like to receive the information in electronic form. If one
part of this request can be answered sooner than others, please
send that information first followed by any subsequent data. If you
need further clarification, please contact me by email- [email
address]

Many public authorities release their contracts with private
vendors in line with the Freedom of Information Act. The exemption
for commercial interest under the Act (section 43) is a qualified
exemption, which means information can only be withheld if it is in
the public’s interest. The public have an interest in knowing the
terms of contracts awarded by public authorities, whether or not
public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of
confidence) then I would like to know the following:
• When these confidentiality agreements were agreed
• All correspondence and email in which these confidentiality
agreements were discussed.
• The precise wording of the confidentiality agreements

I ask these questions because guidance issued by both the Lord
Chancellor (draft guidance on FOI implementation) and the Office of
Government Commerce (Model terms and conditions for goods and
services) specifically state that public authorities should not
enter into these types of agreements; they go directly against the
spirit of the laws of disclosure. I would also point to the
Information Commissioner’s guidance on accepting blanket commercial
confidentiality agreements: ‘Unless confidentiality clauses are
necessary or reasonable, there is a real risk that, in the event of
a complaint, the Commissioner would order disclosure in any case.’

Finally, within the law of confidence there is also a public
interest test. Therefore, the contracts should be disclosed in
full. If any parts are redacted they must be for information that
can be proven to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. These
are difficult positions to argue when public money is at stake or
where a public authority is offering a private company a monopoly
to charge its stakeholders.

I reserve the right to appeal your decision to withhold any
information or to charge excessive fees, and understand that under
the act, I am entitled to a response within 20 working days. I
would be grateful if you could confirm in writing that you have
received this request.

Regards,

Yours sincerely,

Stephen Nash

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From: Simon Merritt
Christchurch Borough Council

2 December 2009

Dear Mr Nash

Information Request

I am writing to acknowledge your request for information received 30 November 2009.

We are dealing with your request and will be in contact with you again. In most cases we will reply within 20 working days. If, for any reason, this is not possible we will let you know.

If you have any complaints in respect of your information request, please write to the Chief Executive at the address below or complete the on-line complaint form that can be found at www.dorsetforyou.com. If your complaint is not resolved to your complete satisfaction, you have the right to apply to the Information Commissioner for a decision.

Yours sincerely

Simon Merritt

Legal and Electoral Officer
Christchurch Borough Council

Tel: 01202 495158
Fax:
Email: [email address]
Web: http://www.dorsetforyou.com

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From: stephen nash

24 December 2009

Dear Christchurch Borough Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Christchurch Borough
Council's handling of my FOI request 'Outside legal advice'.

My request was not processed within 20 days as required by the
freedom of information act

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ou...

Yours faithfully,

stephen nash

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From: Data Protection and Freedom of Information
Christchurch Borough Council

30 December 2009

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Attachment 20070409 Locum Contract.pdf
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Attachment PLR Invoices 200809.pdf
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Dear Mr Nash

Information Request

Thank you for your e-mail dated 24 December 2009 requesting a review of
the Council's handling of your request for information received on 30
November 2009. As the the statutory timescale of 20 working days had not
been exceeded at that time your request for a review was
premature. Nevertheless, I accept the timescale expired yesterday and
therefore apologise for the short delay in providing the information you
asked for. Please find the answers to your questions below:

1. Please see the attached e-mail which outlines the terms and conditions
for the provision of legal advice by Public Law Resource for the Council.
We have had to redact any references made to unrelated personal
information in accordance with Section 40 of the Freedom of Information
Act 2000.

2. In accordance with the Council's own rules and procedures, the need for
external legal advice is not required to be submitted to formal and
competitive tender.

3. Please find attached a copy of all the invoices submitted by Public Law
Resource in the last financial year.

It may be of help to you if we explain the context of the employment of
Public Law Resource. In common with a number of other local authorities
the Council has had difficulties in recruiting suitably qualified persons
to fill vacancies for professional staff. In this case the Legal Services
Unit, which has an approved establishment of four lawyers has had two
vacancies including one for a full-time planning and litigation solicitor
since December 2006. Mr Woodcock (t/a Public Law Resource) was engaged as
a locum solicitor in anticipation that we would be able to fill the
vacancy within a relatively short period of time and he was seen as being
a cheaper and more efficient means of providing resources to a service
that was and continues to be in demand. The Council will advertise for a
planning and litigation solicitor in 2010.

I hope this satisfies your request. If you have any complaints in respect
of your information request, please write to the Chief Executive at the
address below or complete the on-line complaint form that can be found at
[1]www.dorsetforyou.com. If your complaint is not resolved to your
complete satisfaction, you have the right to apply to the Information
Commissioner for a decision.

Yours sincerely

Simon Merritt

[2]Christchurch Borough Simon Merritt
Council Logo Legal and Electoral Officer
Christchurch Borough Council

Tel: 01202 495158
Fax:
Email: [3][email address]
Web: [4]http://www.dorsetforyou.com

"LEGAL NOTICE

The information contained in this communication is confidential and may be
legally privileged. It is intended solely for the use of the individual or
entity to whom it is addressed and others authorised to receive it.

If you are not the intended recipient, please notify the sender
immediately then destroy any copies of this message. You are hereby
notified that any disclosure, copying distribution or taking of any action
in reliance on the content of this information is strictly prohibited and
may be unlawful. Christchurch Borough Council ("the Borough Council") is
neither liable for the proper and complete transmission of the information
contained in this communication nor for any delay in its receipt. Any
views or opinions expressed are solely those of the author and do not
necessarily represent those of the Borough Council.

Virus checking:

Whilst all reasonable steps have been taken to ensure that this electronic
communication and its attachments whether encoded, encrypted or otherwise
supplied are free from computer viruses, the Borough Council accepts no
liability in respect of any loss, cost, damage or expense suffered as a
result of accessing this message or any of its attachments." 

References

Visible links
1. http://www.dorsetforyou.com/
http://www.dorsetforyou.com/
3. mailto:[email address]
4. http://www.dorsetforyou.com/

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