East Northamptonshire District Council - [2016] EWHC 470 (Admin)

fFaudwAtch UK (Account suspended) made this Freedom of Information request to Judicial Appointments Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

fFaudwAtch UK (Account suspended)

Dear Judicial Appointments Commission,

I refer to the recent case involving a Taxpayer's challenge to East Northamptonshire District Council's court summons costs in Council tax liability applications.

Alexander Nissen QC sat as Deputy High Court Judge on the case (see judgment below)

http://irrv.net/documents/3/files/2016/0...

There is an obvious conflict of interest having a person whose usual role is blindly arguing a clients corner, with the sole aim (regardless of merit) of beating the opponent, to make the transition of fulfilling a judge's role – a completely different function requiring above all fairness.

It is fair to say that the impression given throughout the judgment is that the judge acted as representative for the council, and suggests he'd been unable to get out of his barrister role.

Q. I would like any information held by the Judicial Appointments Commission in appointing Deputy High Court judges, whether that concerns law or policy.

In the referred to case, there is the suggestion that the council has been awarded costs, but it was also stated in the judgment that the council opposed the introduction of some material points. This blatantly disadvantaged the Appellant.

It is logical that when such obvious bias occurs it is wholly unfair to extend that abuse to financially penalising the aggrieved party with an award of costs made against him.

Q. I would like any information held by the Judicial Appointments Commission which sets out the rules about how a person affected by such bias may be protected by the apparently unjust justice system.

Yours faithfully,

fFaudwAtch UK

Thomson, Ian (JAC),

Dear Sirs,

 

Thank you for your email of 2 May 2016 containing your Freedom of
Information request.

 

The JAC has a statutory duty under the Freedom of Information Act 2000 to
provide a response to Freedom of Information requests within 20 working
days. You should therefore receive a response by 1 June 2016. However, I
do very much expect that a response will be sent to you before then .

In the meantime, please do not hesitate to contact me if you require any
further assistance.

 

 

Ian Thomson
Assistant Director HR/Business Services/Complaints
Judicial Appointments Commission
1st Floor , 102 Petty France, London, SW1H 9AJ | Tel 020 3334 5899  [mobile number]

jac.judiciary.gov.uk  | LinkedIn | Twitter |

 

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.

Thomson, Ian (JAC),

4 Attachments

Dear Sirs

 

Thank you for your e-mail of 2 May containing your Freedom of Information
Request.

 

Before I deal with your request it might be helpful if I clarify that the
Judicial Appointments Commission is an independent body that selects
candidates for judicial office in courts and tribunals in England and
Wales, and for some tribunals with UK-wide jurisdiction. Candidates are
selected on merit, through fair and open competition.

On your request for information about appointing Deputy High Court, I
enclose information that was published on the last exercise we ran for
such a position. Included is the advert, along with the Job Description,
competency framework outlining the qualities required of the role, and
terms and conditions of the role.

On your other request, this is not something does comes under the Judicial
Appointments Commission jurisdiction.

If you are unhappy with the information that we have provided, as part of
its obligations under the Freedom of Information Act (FOI) 2000, the JAC
has an independent review process. You may request an internal review,
which will be carried out by someone who did not make this original
decision, and they will re-assess how the JAC handled the original
request. If you wish to request an internal review please send an e-mail
to [1][JAC request email] within two months of the date of this e-mail.

 

If you remain dissatisfied after an internal review decision you have the
right to apply to the Information Commissioner’s Officer under Section 50
of the FOIA. You can contact the Information Commissioner’s Officer at the
following address:-

 

Information Commissioner’s Office,

Wycliffe House, Water Lane

Wilmslow, Cheshire

SK9 5AF

 

Kind regards,

 

Ian Thomson
Assistant Director HR/Business Services/Complaints
Judicial Appointments Commission
1st Floor , 102 Petty France, London, SW1H 9AJ | Tel 020 3334 5899  [mobile number]

jac.judiciary.gov.uk  | LinkedIn | Twitter |

 

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.

References

Visible links
1. mailto:[JAC request email]