What Jurisdiction of Law Does England Fall Under?

Calderdale Against Corruption made this Freedom of Information request to Judicial Office for England and Wales

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

Waiting for an internal review by Judicial Office for England and Wales of their handling of this request.

Calderdale Against Corruption

Dear Judicial Office for England and Wales,

Could you please provide the following information:

1) Is England a Common Law jurisdiction?

2) If so, is Common Law supreme in England? If not, why not?

3) In the case where legislation passed by Parliament is against Common Law, would Parliament have to repeal the incompatible legislation? If not, why not?

4) If a court derives its authority from legislation, is a common law court supreme and would its decisions bind lower courts?

Yours faithfully,

Calderdale Against Corruption

Central Correspondence Team, Judicial Office for England and Wales

Thank you for your e-mail. I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and will be treated by the department as Official Correspondence.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information. For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

Since you are asking for clarification of Common Law this will be dealt with as Official Correspondence. The appropriate department to deal with your query is the Cabinet Office as they have responsibility for Constitutional Policy. They can be contacted at [email address] should you wish to do so.

Ministry of Justice

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Calderdale Against Corruption

Dear Judicial Office for England and Wales,

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

I am writing to request an internal review of Judicial Office for England and Wales's handling of my FOI request 'What Jurisdiction of Law Does England Fall Under?'.

We refute the suggestion that this is not a legitimate request under the Freedom of Information Act 2000 and again request the following information. We have reworded the request to reflect the fact it is a legitimate request for information which your organisation has recorded.

1) Please provide information you hold which shows that England is a Common Law jurisdiction.

2) Please provide information you hold which shows that Common Law is supreme in England.

3) Please provide information you hold which shows that in the case where legislation passed by Parliament is incompatible Common Law, that Parliament would have to repeal the incompatible legislation.

4) Please provide information you hold which shows that if a court derives its authority from legislation, that a Common Law court would be supreme and that its decisions bind lower courts.

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

Yours faithfully,

Calderdale Against Corruption

Disclosure Team, Judicial Office for England and Wales

Good Afternoon,

Please note, under section 8(1) of FOIA, a request for
information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.
I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link: http://www.legislation.gov.uk/ukpga/2000...

Regards,

Disclosure Team

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Calderdale Against Corruption

Dear Judicial Office for England and Wales,

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

I am writing to request an internal review of Judicial Office for England and Wales's handling of my FOI request 'What Jurisdiction of Law Does England Fall Under?'.

Your Disclosure Team claimed that it was "not obliged to disclose the requested information" because we "have not provided your full name".

Our full organisation name of Calderdale Against Corruption is clearly stated on the FOI request, and this satisfies the condition of providing the name of the applicant under Section 8(1) b as our organisation name is Calderdale Against Corruption, and, as we are sure you know, a company or organisation can make FOI requests.

The address for correspondence has also been provided to you as you have previously replied in acknowledgement of the FOI request. This address is an email address, and the fact you have responded to this FOI request clearly shows you have acknowledged the existence of this address.

Please note the guidance given on the Information Commissioners Office website in regard to the provision of the name and address. Pay attention to the section "What makes a request valid?" section, which states that a valid request must (our emphasis is capitilised):

* include the requester’s real name. The Act treats all requesters alike, so you should not normally seek to verify the requester’s identity. However, you may decide to check their identity if it is clear they are using a pseudonym or if there are legitimate grounds for refusing their request and you suspect they are trying to avoid this happening, for example because their request is vexatious or repeated. REMEMBER THAT A REQUEST CAN BE MADE IN THE NAME OF AN ORGANISATION, or by one person on behalf of another, such as a solicitor on behalf of a client;

* include an address for correspondence. This need not be the person’s residential or work address – IT CAN BE ANY ADDRESS at which you can write to them, INCLUDING a postal address or EMAIL ADDRESS;

Source - https://ico.org.uk/for-organisations/gui...

As we pointed out above: we have given you our name, which is the name of our organisation - Calderdale Against Corruption, and you have an address to contact us on, which is evidenced by the fact you have responded to our initial request and subsequent clarification.

Now, we reiterate our request and demand that the information requested is provided without further delay.

We also request that the person who incorrectly claimed we had not provided our name is given training to prevent them giving false information pertaining to the Freedom of Information Act 2000.

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

Yours faithfully,

Calderdale Against Corruption