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Judicial Review

Defence written question – answered on 29th November 2011.

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Photo of Bernard Jenkin Bernard Jenkin Chair, Public Administration Committee

To ask the Secretary of State for Defence what applications for judicial review have been made against his Department (a) in the last Parliament and (b) since May 2010; whether each such application (i) succeeded, (ii) failed and (iii) remains pending; what legal costs were incurred by his Department for each such application; in each failed application whether he applied for costs against the applicant and whether they were (A) awarded and (B) paid; whether his Department (1) paid for and (2) offered to pay for the legal costs incurred by each such applicant; and what the total cost to the public purse was of payment of the legal costs for each such applicant.

Photo of Andrew Robathan Andrew Robathan The Parliamentary Under-Secretary of State for Defence

The Ministry of Defence (MOD) is not able to supply all the information requested in this question, as some figures for the years requested are not held centrally and could be provided only at disproportionate cost. Nevertheless, the MOD can supply the following information regarding judicial reviews. In the period of the last Parliament, from 2005 to 2010, the Treasury Solicitor's Department have estimated a total of 210 judicial reviews in England and Wales involved the MOD at a cost to the Department of £8,275,790. There were no judicial reviews in Scotland during the period of the last Parliament.

Since May 2010, there have been 81 new cases in England and Wales, at a current cost of £247,149. Of those listed for England and Wales, it is estimated that at present 192 judicial review cases are still open. There is one review in Scotland that has yet to conclude, which to date has cost the Department £10,642.

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