Brace v Information Commissioner and Merseyside Fire and Rescue Authority - EA/2016/0054

J Roberts made this Freedom of Information request to Her Majesty's Courts and Tribunals Service

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Dear Her Majesty's Courts and Tribunals Service,

I would like a copy of the FTT decision' Brace v Information Commissioner and Merseyside Fire and Rescue Authority' with the case reference number EA/2016/0054. I found three cases on your website relating to the appellant, but one of them has the following message:

'404 - File or directory not found.

The resource you are looking for might have been removed, had its name changed, or is temporarily unavailable.'

Yours faithfully,

J Roberts

J Roberts left an annotation ()

UT decision:

5. ...The public authority’s costs from the later date of 22 August 2016 were adjudged to be £967.57. It is not evident from the FTT’s ruling whether it was the Judge or one of the members who was in the minority, in effect arguing for a higher costs award over the longer period.'

6. ...The FTT Judge subsequently refused permission to appeal to the Upper Tribunal in a ruling dated 3 March 2017. At the same time, he also indicated he was minded to issue a wasted costs order against the Appellant for what he described as“this latest excursion into frivolous litigation”.

7. For reasons that are unclear, it appears the Appellant did not receive the Judge’s ruling of 3 March 2017 until 25 July 2017.

https://www.bailii.org/uk/cases/UKUT/AAC...

Mr Brace writes on his blog that the judge who would normally have decided whether to grant permission to appeal retired (David Farrer) and that the decision was then taken by the Chamber President (Alison McKenna). Permission was refused.

'Why did the First-tier Tribunal (information rights) take over 2 years to decide on a permission to appeal request?'

https://johnbrace.com/why-did-the-first-...

Disclosure Team, Her Majesty's Courts and Tribunals Service

Dear Mr Roberts

Can you please advise which court this request relates to.

Kind Regards

Disclosure Team

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Dear Disclosure Team,

Thanks for getting back to me so quickly.

The decision relates to the FTT (GRC).

The appellant has written:

'The case reference number is EA/2016/0054 (although the order incorrectly states EA/2020/0054).'

https://johnbrace.com/further-costs-dire...

Yours sincerely,

J Roberts

GRC, Her Majesty's Courts and Tribunals Service

2 Attachments

Dear J Roberts

 

Freedom of Information Act (FOIA) Request – 210712034

 

Thank you for your request dated 12 July 2021 in which you asked for the
following information from the Ministry of Justice (MoJ): 

 

I would like a copy of the FTT decision' Brace v Information Commissioner
and Merseyside Fire and Rescue Authority' with the case reference number
EA/2016/0054.

I found three cases on your website relating to the appellant, but one of
them has the following message: '404 - File or directory not found. The
resource you are looking for might have been removed, had its name
changed, or is temporarily unavailable.

 

Your request is being handled under the FOIA.

 

The MoJ is required under section 10(1) of the FOIA to provide you with a
response within 20 working days. Therefore, we aim to provide you a
response to your request by 9 August 2021.  However, in view of the
current public health situation, and its possible effect on resources and
priorities, we may not be able to reply to you by this date; if this will
be the case we will write to you nearer the time with an update.

 

Yours sincerely

 

GRC

 

 

 

General Regulatory Chamber| HMCTS | Arnhem House | Leicester | LE1 6LR

Web: [1]www.gov.uk/tribunals/grc

 

[2]HMCTS_BLK_DIGI       

   

For information on how HMCTS uses personal data about you please see:
[3]https://www.gov.uk/government/organisati...

I am not authorised to bind the Ministry of Justice contractually, nor
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means

 

[4]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

[5]Here is how HMCTS uses personal data about you

 

 

show quoted sections

GRC, Her Majesty's Courts and Tribunals Service

3 Attachments

Dear J Roberts

 

Freedom of Information Act (FOIA) Request – 210712034

 

 

Thank you for your request dated 12 July 2021 in which you asked for the
following information from the Ministry of Justice (MoJ): 

 

I would like a copy of the FTT decision' Brace v Information Commissioner
and Merseyside Fire and Rescue Authority' with the case reference number
EA/2016/0054.

I found three cases on your website relating to the appellant, but one of
them has the following message: '404 - File or directory not found. The
resource you are looking for might have been removed, had its name
changed, or is temporarily unavailable.

 

A further email was received from you in which you asked for the
following:

'The case reference number is EA/2016/0054 (although the order incorrectly
states EA/2020/0054).'
https://johnbrace.com/further-costs-dire...

 

Your request has been handled under the FOIA.

For the first request I can confirm that the MoJ holds the information
that you have requested. However, the information is exempt from
disclosure under section 21 of the FOIA, because it is reasonably
accessible to you. The information can be accessed via the following link

[1]Information Tribunal > Search (tribunals.gov.uk)

 

The decision you got an error for,  was removed as it was a duplicate to
case reference EA/2016/0033.

 

For your second request the information can be accessed via the following
link:

 

[2]Brace v Information Commissioner and Merseyside Fire and Rescue
Authority: [2019] UKUT 305 (AAC) - GOV.UK (www.gov.uk)

 

 

 

Appeal Rights

 

If you are not satisfied with this response you have the right to request
an internal review by responding in writing to one of the addresses below
within two months of the date of this response.

 

[3][HMCTS request email]

 

Disclosure Team, Ministry of Justice

 

You do have the right to ask the Information Commissioner’s Office (ICO)
to investigate any aspect of your complaint. However, please note that the
ICO is likely to expect internal complaints procedures to have been
exhausted before beginning their investigation.

 

Yours sincerely

 

GRC

General Regulatory Chamber

 

 

 

 

General Regulatory Chamber| HMCTS | Arnhem House | Leicester | LE1 6LR

Web: [4]www.gov.uk/tribunals/grc

 

[5]HMCTS_BLK_DIGI       

   

For information on how HMCTS uses personal data about you please see:
[6]https://www.gov.uk/government/organisati...

I am not authorised to bind the Ministry of Justice contractually, nor
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means

 

[7]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

[8]Here is how HMCTS uses personal data about you

 

 

From: GRC
Sent: 21 July 2021 09:46
To: [FOI #773245 email]
Subject: Freedom of Information Act (FOIA) Request – 210712034

 

Dear J Roberts

 

Freedom of Information Act (FOIA) Request – 210712034

 

Thank you for your request dated 12 July 2021 in which you asked for the
following information from the Ministry of Justice (MoJ): 

 

I would like a copy of the FTT decision' Brace v Information Commissioner
and Merseyside Fire and Rescue Authority' with the case reference number
EA/2016/0054.

I found three cases on your website relating to the appellant, but one of
them has the following message: '404 - File or directory not found. The
resource you are looking for might have been removed, had its name
changed, or is temporarily unavailable.

 

Your request is being handled under the FOIA.

 

The MoJ is required under section 10(1) of the FOIA to provide you with a
response within 20 working days. Therefore, we aim to provide you a
response to your request by 9 August 2021.  However, in view of the
current public health situation, and its possible effect on resources and
priorities, we may not be able to reply to you by this date; if this will
be the case we will write to you nearer the time with an update.

 

Yours sincerely

 

GRC

 

 

 

General Regulatory Chamber| HMCTS | Arnhem House | Leicester | LE1 6LR

Web: [9]www.gov.uk/tribunals/grc

 

[10]HMCTS_BLK_DIGI       

   

For information on how HMCTS uses personal data about you please see:
[11]https://www.gov.uk/government/organisati...

I am not authorised to bind the Ministry of Justice contractually, nor
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means

 

[12]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

[13]Here is how HMCTS uses personal data about you

 

 

show quoted sections

ScarletPimpernel left an annotation ()

Hi J Roberts,

Thanks for your request.

I am the Brace referred to.

Unfortunately you haven't had a proper response to this request.

However, it'll help if I explain.

The First-tier Tribunal (GRC) did publish the costs decision (originally dated 31st October 2016 but later revised) on its website. However when the decision was successfully appealed by the later Upper Tribunal (AAC) decision, they've linked to the Upper Tribunal decision here https://www.gov.uk/administrative-appeal... , instead of the original First-tier Tribunal decision (which was because of the appeal "unpublished").

However, a redacted version of the decision that was appealed was published by the 2nd Respondent and can be read here http://mfra.merseyfire.gov.uk/documents/... .

The redactions to it are just my name as Appellant.

I hope that helps, but if it was a different judicial decision you wanted a copy of in EA/2016/0054, please contact me directly.

J Roberts left an annotation ()

Thank you for posting a link to the decision. You have kindly provided everything I wanted.

ScarletPimpernel left an annotation ()

Just as by way of completeness though, that wasn't the original costs decision (dated 31st October 2016).

The original costs decision had the party to whom the costs were to be paid incorrectly stated as "Merseyside Fire and Rescue Service" or "MFRS" rather than "Merseyside Fire and Rescue Authority" or "MFRA" as well as an incorrect case number too. So what's linked to on MFRA's website is the modified version of the same decision following these corrections.

However it was the modified version that was appealed.

There were also costs directions (2 A4 pages) issued by First-tier Tribunal Judge Farrer on 22nd September 2016 following the hearing which probably provide a bit of context as to the process too (linked to below).

I can't provide much more beyond this level of detail though as I'd have to seek permission to publish information beyond this.

Link: https://johnbrace.com/wp-content/uploads...