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Departmental Judicial Review

Communities and Local Government written question – answered on 12th December 2011.

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Photo of Bernard Jenkin Bernard Jenkin Chair, Public Administration Committee

To ask the Secretary of State for Communities and Local Government 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 Bob Neill Bob Neill The Parliamentary Under-Secretary of State for Communities and Local Government

All litigation cases against the Department are managed by the Treasury Solicitors Department under a service level agreement. The litigation cases include judicial reviews, statutory planning appeals (some of which are also judicial reviews), compulsory purchase order challenges, personal injury, employment and contractual cases.

(a) In the last Parliament under the previous Administration from 5 May 2005 to 6 May 2010 there were on average 260 open cases at any one time and DCLG paid around £9,105,000 in total for that period;

(b) Since 7 May 2010 to 31 October 2011 there were on average 230 open cases at any one time, including legal challenges inherited from the previous Administration. DCLG paid around £2,084,000 in total for that period. The costs paid to the Treasury Solicitors included fees, disbursements and adverse costs.

To disaggregate this information further, for just judicial review cases and to identify applications that succeeded, failed, remains pending, costs awarded and paid could be obtained only at disproportionate cost.

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