Posted by: John Brace | 22nd June 2020

Further costs directions issued in EA/2016/0054 (Brace v Information Commissioner and Merseyside Fire and Rescue Authority) following Upper Tribunal appeal [2019] UKUT 305

Further costs directions issued in EA/2016/0054 (Brace v Information Commissioner and Merseyside Fire and Rescue Authority) following Upper Tribunal appeal [2019] UKUT 305 (AAC)

                                            

By John Brace (Editor)
and
Leonora Brace (Co-Editor)

Due to the ongoing nature of this costs application in the First-tier Tribunal (General Regulatory Chamber), comments are turned off.

Following the £500 costs order being overturned on appeal on two grounds by Upper Tribunal Judge Wikeley in October 2019, see [2019] UKUT 305 (AAC) and it being sent back to the First-tier Tribunal (General Regulatory Chamber) to be re-decided by a different First-tier Tribunal Judge, First-tier Tribunal Judge McMillan has issued further directions (dated 2nd June 2020) regarding MFRA’s costs application made in September 2016. The case reference number is EA/2016/0054 (although the order incorrectly states EA/2020/0054).

A copy of the Case Management Directions are below of First-tier Tribunal Judge Moira McMillan. John Brace (myself) is the Appellant, the Information Commissioner is the First Respondent and Merseyside Fire and Rescue Authority is the Second Respondent.

I will also point out that in paragraph 2 where it states “December 2019”, the 2019 is correct, but it should be instead October – December refers to the reply to it from the First-tier Tribunal (but I’m not going to waste time asking for the order to be changed over two minor mistakes such as this and the incorrect case reference number but it explains why I’m not linking to the original document in order to avoid misleading people).


CASE MANAGEMENT DIRECTIONS

1. On 9 October 2019 the Upper Tribunal decided that the Second Respondent’s costs application should be considered afresh by the First-tier Tribunal.

2. When making this decision, Upper Tribunal Judge Wikeley directed Mr Brace to provide the GRC with updated information about his financial position for the tax year 2018/19. Mr Brace did so in December 2019.

3. Unfortunately, because this is now a very old matter it has taken the GRC some time to assemble all of the information required to allow the costs decision to be made afresh. As a consequence, the relevant financial year in relation to which Mr Brace’s financial information is required is now 2019/20.

4. In addition, on 8 May 2020 Mr Brace contacted the GRC to request a Directions allowing him to make further representations in relation to the Second Respondent’s application.

DIRECTIONS

5. Mr Brace should make any further representations he wishes the Tribunal to consider by 17 June 2020.

6. Mr Brace should provide updated information about his financial situation during the year 2019/20 by 17 June 2020.

7. The Respondents must serve any reply they wish to make to Mr Brace’s representations by 1 July 2020.

8. As all parties have already made comprehensive representations on this issue, any further representations or reply thereto should be no longer than 4 sides of A4, typed in 12 font, and single spaced.

Tribunal Judge Moira McMillan
Dated 2 June 2020


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