Total Expenditure with DLA Piper to Defend Whistleblowing
I wish to make an FOI request to obtain the exact mount of taxpayers' money you have spent with Pinsent Mason and associated counsel costs (Ms Levene) defending the whistleblowing case I have brought against your organisation. When you provide the figure you have spent to date, please confirm if there are any other bills outstanding.
Please also clarify if the taxpayer has been paying for Ms Robert's costs despite the fact that she has no longer been an employee of Sellafield since April 2020. If Sellafield is paying for Ms Roberts' legal costs, please provide a justification for this.
Please confirm receipt of this FOI request and advise when you will provide the total amount of public money you have spent on this case.
Regards
Alison McDermott
This email has been classified as OFFICIAL
Dear Alison
Further to your requests regarding the legal costs and clarification on costs for Ms Roberts in relation to your case, please see the information below.
• "I wish to make an FOI request to obtain the exact amount of taxpayers' money you have spent with Pinsent Mason and associated counsel costs (Ms Levene) defending the whistleblowing case I have brought against your organisation. When you provide the figure you have spent to date, please confirm if there are any other bills outstanding.
Pinsent Masons LLP and Rachael Levene were instructed by the Nuclear Decommissioning Authority (NDA) therefore we cannot answer this query as we do not hold this data. You can make this request to the NDA via [email address]
• Please also clarify if the taxpayer has been paying for Ms Robert's costs despite the fact that she has no longer been an employee of Sellafield since April 2020. If Sellafield is paying for Ms Roberts' legal costs, please provide a justification for this.
The total figure paid to DLA Piper LLP and counsel covers representation of both Sellafield Ltd and Ms Roberts combined.
• Please confirm receipt of this FOI request and advise when you will provide the total amount of public money you have spent on this case."
We assume from the title of the email that you actually wish to know the cost Sellafield Ltd has incurred with DLA Piper LLP and counsel. The total amount invoiced as at 17th August 2021, representing the costs incurred up to the conclusion of the hearing, is £296,935.32 (plus VAT).
If you are unhappy with the way your request for information has been handled, you can request Sellafield Ltd carry out an internal review (contact: [Sellafield request email]).
If you remain dissatisfied with the handling of your request or complaint you have a right to appeal to the Information Commissioner at:
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF.
Kind regards
Steve Barnes
Corporate Affairs
Sellafield Ltd
Dear FOI Enquiries (SL),
Could you please confirm that there are no outstanding invoices to be paid in relation to the ET case to DLA Piper in connection with their costs or those of Mr Panesar QC.
For example the NDA has stated the following in their response to a similar request.
"NDA can confirm that there are bills issued to us by Pinsent Masons from 15 July onwards which have not yet been reviewed by NDA through its finance checking and control processes."
Can you also please clarify on which basis Sellafield can lawfully cover the costs of a former employee, namely Ms Heather Roberts? Please can you direct me to the appropriate legislation which permits you to use taxpayers' money to do so?
Regards
Alison McDermott
This email has been classified as OFFICIAL
Case ref: 2021-0171
Dear Alison,
I am writing to confirm that we have received your request (Case ref: 2021-0171) for information regarding ‘if there are outstanding invoices to be paid in relation to the employment tribunal costs’ and ‘on what basis Sellafield can lawfully cover the costs for Ms Heather Roberts’. This request will be dealt with under the terms of the Freedom of Information Act 2000.
For clarity, we have not interpreted the reference to an internal review in the subject of your email as a separate request for a review, and will answer your questions (above) in due course.
Please do not hesitate to contact me with any queries you may have via [Sellafield request email]
Please remember to quote the reference numbers above in any future communications.
Kind regards
Janice
Corporate Affairs
Sellafield Ltd
"The information contained in this email may be commercially sensitive and/or legally privileged. It is intended solely for the person(s) to whom it is addressed. If you are not a named recipient, you are on notice of its status. Please notify the sender immediately by reply e-mail and then delete this message from your system. You must not disclose it to any other person, copy or distribute it or use it for any purpose.
Views expressed in this email are not necessarily those of Sellafield Ltd.
Sellafield Ltd, a Nuclear Decommissioning Authority company, is registered in England and Wales, Company number 01002607. The registered office is situated at Hinton House, Birchwood Park Avenue, Risley, Warrington, Cheshire, WA3 6GR."
Case ref: 2021-0173
Dear Alison,
The total figure provided in our response to you dated Wednesday 18 August 2021 includes all bills received up until 31 August 2021, which covers the costs to conclusion of the tribunal liability hearing.
The company elected to manage this litigation by using the same team of solicitors and counsel to represent the first and third respondents. The third respondent being a senior employee in the company who at the time of the events in question was acting on behalf of the company in her role as HR Director. No significant additional costs were incurred in acting for both respondents due to facts and issues being substantively the same. Had the company chosen not to manage the litigation in this way then the costs of the third respondent would have been met by Sellafield Ltd’s Director and Officer insurance.
If you are unhappy with the way your request for information has been handled, you can request that Sellafield Ltd carry out an internal review (contact: - [Sellafield request email])
If you remain dissatisfied with the handling of your request or complaint you have a right to appeal to the Information Commissioner at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Kind regards
Janice
Corporate Affairs
Sellafield Ltd
"The information contained in this email may be commercially sensitive and/or legally privileged. It is intended solely for the person(s) to whom it is addressed. If you are not a named recipient, you are on notice of its status. Please notify the sender immediately by reply e-mail and then delete this message from your system. You must not disclose it to any other person, copy or distribute it or use it for any purpose.
Views expressed in this email are not necessarily those of Sellafield Ltd.
Sellafield Ltd, a Nuclear Decommissioning Authority company, is registered in England and Wales, Company number 01002607. The registered office is situated at Hinton House, Birchwood Park Avenue, Risley, Warrington, Cheshire, WA3 6GR."
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