I write to ask for information under the freedom of information act.

1. For each of the last 10 financial years, and the current financial year to 18.10.18 please state:
- the number of legal disputes between your department and other central government departments and non-departmental government bodies.

For each, please provide
-A list of the court cases related to the dispute, with current status (resolved or ongoing)
-Total time period of the dispute from bringing of proceedings until conclusion.
-Total cost in legal fees and related administration costs to your department

2. For each of the last 10 financial years, and the current financial year to 18.10.18 please supply the number of legal disputes between yours department and a UK local council (including district, county, borough, unitary, parish).

For each, please provide
-A list of the court cases related to the dispute with current status (resolved or ongoing)
-Total time period of the dispute from bringing of proceedings until conclusion.
-Total cost in legal fees and related administration costs to your department.

3.For each of the last 10 financial years, and the current financial year to 18.10.18 please state the number of legal disputes between your department and a regional mayoral department.

For each, please provide
-A list of the court cases related to the dispute, with current status (resolved or ongoing)
-Total time period of the dispute from bringing of proceedings until conclusion.
-Total cost in legal fees and related administration costs to your department

Yours faithfully,

Louis Goddard

FCT, Food Standards Agency

Dear Louis

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your email of 19 October 2018 to the Food Standards Agency
requesting information relating to legal disputes and legal cases between
the FSA and other parties.

 

Your request is being handled under the terms of the Freedom of
Information Act 2000.

 

I am writing to ask you to clarify your request because we need further
details from you to correctly identify and locate the information relevant
to your request.

 

Under section 1(3)(a) & (b) of the Freedom of information Act a public
authority does not have to comply with a request unless any further
information reasonably required to locate the information is supplied. 

 

Therefore I would be grateful if you could please clarify what you mean by
‘legal dispute’?

 

In the event of a disagreement / complaint between the FSA and another
party (e.g. governmental department / council / officer) the FSA will
typically engage in communications with the other party to resolve such
disagreements / complaints without them turning into a ‘legal dispute’.

 

Where such communications fail to be resolved by acceptable compromise or
agreement between the parties, the next course of action in advance of
commencing legal proceedings, and the first course of action which
signifies that a disagreement / complaint has now turned into a ‘legal
dispute’ is for either party to send a ‘letter before action’.

 

For clarity a ‘letter before action’ is simply a letter which is sent by a
person before commencing legal action, which must comply with the relevant
Pre-Action Protocol, and which amongst other things, typically includes:

 

o a summary of the facts
o what you want from the party you're claiming from
o copies of the key documents that you'll use to support your case
o a list of any documents you want from the other party 
o a reasonable deadline for a response (usually 28 days)

 

We consider that the scope of your request only includes
disagreements/complaints which have resulted in a ‘letter before action’
being served, as prior to such a letter being issued – such disagreements
/ complaints are not a ‘legal dispute’ as until such a letter is served;
as commonly no formal steps until that point have been taken by either
party to turn any disagreement / complaint into a ‘legal dispute’.

 

If you are happy with our interpretation of your request please confirm
this by sending an email reply to [1][Food Standards Agency request email] .

 

We await your response to the above request for clarification. Once your
clarified request is received we will aim to respond to it within the
statutory timeframe of 20 working days. Please note that if we do not
receive appropriate clarification of your request within 60 workings days
(i.e. by 16 January 2019), we will consider this request closed. 

 

If you are not satisfied with the way the Agency has handled your request
for information, you should write within two calendar months of the date
of this communication to the FOI, Complaints and Transparency Team, and
ask for an internal review.  They will arrange for the Complaints
Coordinator to conduct the review. Their address is Food Standards Agency,
Floors 6 and 7 Clive House, 70 Petty France, Westminster, London SW1H 9EX
(email: [2][Food Standards Agency request email] ).

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner for a decision.  Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Agency.  The Information Commissioner can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF or through the website at:
[3]www.ico.gov.uk.

 

Yours sincerely

 

 

Bolanle Ojoye

Senior FOI Advisor

020 72768612 / ext 18612

07790 565454

 

dangos adrannau a ddyfynnir

Hi, sorry for the delay, I have been on holiday.

In terms of the definition of legal dispute, for absolute clarity, it may be best to split this term into two parts.

1) Please provide information on all incidents that resulted in a case being heard in UK court.

2) Please provide information on all incidents that were subject to a legal dispute (such as the sending of letters before action) but were settled out of court, if this can be provided within the cost limit set out under the FOIA.

I hope this helps.

Yours sincerely,

Louis Goddard

FCT, Food Standards Agency

Dear Louis

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your email to the Food Standards Agency requesting
information under the Freedom of Information Act 2000 (the Act).

 

Your request for information is as follows:

 

1. For each of the last 10 financial years, and the current financial year
to 18.10.18 please state:

- the number of legal disputes between your department and other central
government departments and non-departmental government bodies.

 

For each, please provide

-A list of the court cases related to the dispute, with current status
(resolved or ongoing) -Total time period of the dispute from bringing of
proceedings until conclusion.

-Total cost in legal fees and related administration costs to your
department

 

2. For each of the last 10 financial years, and the current financial year
to 18.10.18 please supply the number of legal disputes between yours
department and a UK local council (including district, county, borough,
unitary, parish).

 

For each, please provide

-A list of the court cases related to the dispute with current status
(resolved or ongoing) -Total time period of the dispute from bringing of
proceedings until conclusion.

-Total cost in legal fees and related administration costs to your
department.

 

3.For each of the last 10 financial years, and the current financial year
to 18.10.18 please state the number of legal disputes between your
department and a regional mayoral department.

 

For each, please provide

-A list of the court cases related to the dispute, with current status
(resolved or ongoing) -Total time period of the dispute from bringing of
proceedings until conclusion.

-Total cost in legal fees and related administration costs to your
department

 

 

We wrote to you on 30 October 2018 to clarify what you meant by ‘legal
disputes’. You responded on 31 October and requested that your request be
broken down as follows:

 

1)    Please provide information on all incidents that resulted in a case
being heard in UK court.

 

2)    Please provide information on all incidents that were subject to a
legal dispute (such as the sending of letters before action) but were
settled out of court, if this can be provided within the cost limit set
out under the FOIA.

 

Your request for information is being handled under the terms of the Act.

 

As required by the Act, we aim to respond to your request for information
within the statutory timeframe of 20 working days from the date it was
received. Your clarified request was received on 31 October 2018;
therefore you should expect to receive a response by 28 November 2018.

 

If, for reasons permitted under the FOI Act, we are unable to meet this
deadline, we will keep you fully informed and let you know when you should
expect a full response.

 

If you have any queries about this email please respond to us directly.
Please remember to quote the reference number above in any future
communications.

 

Yours sincerely

 

Bolanle Ojoye

Senior FOI Advisor

020 72768612 / ext 18612

07790 565454

 

dangos adrannau a ddyfynnir

Kerry Mure, Food Standards Agency

2 Atodiad

Dear Louis Goddard,

 

Please find attached the FSA’s response to your FOI request.

 

Kind regards,

 

Kerry Muré

Lawyer

Strategy, Legal and Governance Directorate

Food Standards Agency

Clive House, Floors 6 & 7

70 Petty France

London

SW1H 9EX

 

Tel: 0207 276 8089

[mobile number]

Email: [1][email address]

 

Please be aware that I work part-time and my usual working hours are: 3
hours on Monday and Thursday, and full days Tuesday and Friday

 

 

 

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