Council Permitted to Withhold Litigation Costs Budget Under Freedom of Information Act
Norman Fearn v Information Commission (EA/2018/0124)
The First-tier Tribunal (Information Rights) has dismissed an appeal from a member of the public seeking information relating to the projected costs budget of an ongoing litigated case.
Mr Fearn asked the council for the following information:
- What costs have been incurred so far in this lawsuit?
- What further anticipated costs are included in the budget as the action proceeds?
- What provision has been made for a possible award against the Council if liability for the [respondent's] costs is imposed on the Council?
The Council replied to the request and provided information in response to question 1, gave a partial response to question 2.
Doctrine of Mistake does not apply to the Portal
In the recent case of Fitton v Ageas (2018) Fam Ct (Judge Parker) 08/11/2018, a Circuit Judge has ruled that the protocol for low-value personal injury claims is a self-contained code and as a result the normal principles of contract such as the doctrine of mistake does not apply.
The claimant, Mr Fitton brought a claim for damages for personal injury loss and damage, arising out of a road traffic accident.