Claiming against a named employee of the Crown

Response to this request is long overdue. By law, under all circumstances, Ministry of Justice should have responded by now (details). You can complain by requesting an internal review.

Dear Ministry of Justice,

I ask that you confirm or deny that you hold information relating to the permissibility of issuing a Money Claim against a named individual in his own right who is nevertheless an employee of the Crown such as to indicate whether this is permitted or that the Claim MUST be made against the Crown.

I ask that you provide either a copy of the information you rely upon for your response or the appropriate reference(s)

Yours faithfully,

Col. Michael Piesse

HMCTS Customer Service (Correspondence),

Dear Col. Piesse

 

Thank you for your email of 16 February to the Ministry of Justice Data
Access & Compliance Unit (DACU) about making a money claim. DACU has
passed your email to HM Courts & Tribunals Service to be answered as
general correspondence.

 

I understand that you would like advice on making a money claim and who
should be named as the defendant in the claim. Information on making a
claim for money can be found on the GOV.UK website at
[1]https://www.gov.uk/make-court-claim-for-.... You may also
wish to seek independent and impartial advice about the claim and who
should be listed as the defendant on the form. Any Citizens Advice Bureau
(CAB) provides free, confidential and impartial advice on a range of
matters. Further information on the CAB can be found on its website at
www.citizensadvice.org.uk. You could also contact Civil Legal Advice on
their telephone helpline on 0845 345 4345 for help locating an appropriate
advisor in your local area.

 

Yours sincerely

 

 

Peter Martin | HM Courts & Tribunals Service | Customer Service Team

 

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Dear HMCTS Customer Service (Correspondence),

My request commenced "I ask that you confirm or deny that you hold information relating to the permissibility of issuing a Money Claim against a named individual in his own right who is nevertheless an employee of the
Crown such as to indicate whether this is permitted or that the Claim MUST be made against the Crown."

Is your response"I understand that you would like advice on making a money claim and who
should be named as the defendant in the claim. Information on making a
claim for money can be found on the GOV.UK website at
[1]https://www.gov.uk/make-court-claim-for-.... You may also
wish to seek independent and impartial advice about the claim and who
should be listed as the defendant on the form...." to be read as a confirmation or a denial, please??

A simple ' confirmed' or 'denied' would have sufficed (and have been understood,,,,,,,,)

Yours sincerely,

Michael Piesse

Dear Ministry of Justice,

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

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Claiming against a named employee of the Crown'.

I have asked for a simple confirm or deny response - which I have not been given

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

Yours faithfully,

Michael Piesse

HMCTS Customer Service (Correspondence),

Thank you for your email of 2 April.

A claim can be issued against an individual who works for the Crown if it is a personal claim. However where a claim is being issued against someone in their capacity as an employee of the Crown then the claim would have to be against The Crown.

Christine Worsley | HM Courts & Tribunals Service | Customer Service Team
1st Floor (1.10) | 102 Petty France | London | SW1H 9AJ
e-mail: ComplaintsCorres&[email address]

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Dear HMCTS Customer Service (Correspondence),

Thank you very much for your clear reply

However, with regard to "in their capacity as an employee of the Crown "
does this apply if, whilst acting in their capacity as an employee of the Crown they fail to do or cause to be actioned something for which they are responsible, please?

Thank you

Yours sincerely,

Michael Piesse

HMCTS Customer Service (Correspondence),

Thank you for your further email.

I am sorry I cannot further expand the explanation given.

You may wish to seek independent advice about this. Any Citizens Advice Bureau provides free, confidential and impartial advice on a range of matters. You could also contact Civil Legal Advice on their telephone helpline on 0845 345 4345 or find more about the service they provide at www.gov.uk/civil-legal-advice.

Christine Worsley | HM Courts & Tribunals Service | Customer Service Team
1st Floor (1.10) | 102 Petty France | London | SW1H 9AJ
e-mail: ComplaintsCorres&[email address]

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Dear HMCTS Customer Service (Correspondence),

Perhaps I may help in your inability to further expand the explanation given

How about (for starters..)

A claim can be issued against an individual who works for the Crown if it is a personal claim. However where a claim is being issued against someone in their capacity as an employee of the Crown then the claim would have to be against The Crown unless/provided (your option) they fail to do or cause to be actioned something for which they are responsible

Thank you

Yours sincerely,

Michael Piesse