Merseyside Fire and Rescue Authority (MFRA) withdrew their costs application made in September 2016 for £1,261.50 against Mr John Brace in First-tier Tribunal (General Regulatory Chamber) case EA/2016/0054 (Brace v Information Commissioner and Merseyside Fire and Rescue Authority) and MFRA pay £500 already paid back to Mr John Brace
By John Brace (Editor)
and
Leonora Brace (Co-Editor)
First publication date: 17th July 2020, 06:50 (BST).
Edited: 19th July 2020, 13:16 (BST). A revised decision was issued to parties with the correct case reference number on 19.7.20 and an apology from First-tier Tribunal Judge McMillan, therefore the article below is the situation at the time of publication (17.7.20), but has not been amended due to this addition.
The author declares an interest as a party (Appellant) in First-tier Tribunal (General Regulatory Chamber) case EA/2016/0054, as a party (Appellant) in Upper Tribunal (Administrative Appeals Chamber) cases GIA/619/2019 & GIA/2503/2017. and as a party (Applicant) in Birkenhead County Court enforcement case G01BI932.
This continues from 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).
As per paragraph 5 of the costs directions, I submitted a 4 page representation on the costs application of Merseyside Fire and Rescue Authority. This was done on the 11th June 2020, ahead of the deadline of 17th June 2020.
The costs application of MFRA was originally made in September 2016 by former MFRA Monitoring Officer Janet Henshaw (pictured above) with a judicial determination originally on 31st October 2016 but later overturned on appeal by the Upper Tribunal [2019] UKUT 305 (AAC) in October 2019 and sent back to the First-tier Tribunal for redetermination). Related Birkenhead County Court enforcement case G01BI932, originally (mistakenly) awarded a further £500 to Merseyside Fire and Rescue Authority in 2020, but this was later corrected due to an administrative error to £500 to John Brace (as party names had been switched around on the award).
On 3rd July 2020 First-tier Tribunal Judge Moira McMillan consented to MFRA’s withdrawal of their costs application and issued case management directions (see below). This was sent to parties on the 6th July 2020. Please note the year on the case number is incorrect and should read 2016. I have requested that the decision be re-issued using the correct case number.
The case arose from an information request made to Merseyside Fire and Rescue Authority on 14th June 2015 and the appeal to the First-tier Tribunal (GRC) of ICO decision notice FER0592270 issued on 16th February 2016.
First-Tier Tribunal
General Regulatory Chamber
(Information Rights)
Appeal reference: EA/2020/0054
Between
JOHN BRACE
Appellant
and
INFORMATION COMMISSIONER
MERSEYSIDE FIRE AND RESCUE AUTHORITY
Respondents
CASE MANAGEMENT DIRECTIONS
1. On 26 June 2020 MFRA informed the parties and the Tribunal that it wished to withdraw its application for costs against Mr Brace.
2. On 2 July 2020 Mr Brace informed the Tribunal that the £500 costs he had previously paid to MFRA had been refunded, and that he understood the application for costs against him to have been withdrawn.
3. So far as it may be necessary to do so, MFRA’s communication of 26 June 2020 is to be treated as notice of the withdrawal of part of its case pursuant to rule 17 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as amended, and the Tribunal consents to this application being withdrawn.
4. As the application for costs has been withdrawn, proceedings before this Tribunal are now at an end.
Tribunal Judge Moira Macmillan
Dated 3 July 2020
Below is the text of the award of Birkenhead County Court:-
In the County Court at Birkenhead
Claim Number G01BI1932
Applicant (including ref.) Mr John Michael Brace
Respondent (including ref.) Merseyside Fire and Rescue Authority
Mr John Michael Brace
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
On 29 May 2020, A Proper Officer
sitting at the County Court at Birkenhead, 76 Hamilton Street, Birkenhead, Merseyside, CH41 5EN.
considered the application and the award made to the applicant on 9 October 2019 by the UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER) under reference [2019] UKUT 305 (AAC)
and the court orders that
1. The applicant may enforce the award in this court.
2. Th respondent pay the applicant’s costs of the application, which are to be added to the amount unpaid under the award.
3. The amount enforceable is:
Unpaid under the award (including interest) £500.00
Court Fee £0.00
Solicitor’s costs £0.00
Total £500.00
together with any further interest becoming due.
Notes to the respondent
- This order means that your goods may be removed and sold or that some other enforcement proceedings may be taken against you. Further costs may then be payable.
- The applicant may be entitled to further interest on the award until the amount due is paid.
The court office at the County Court at Birkenhead, 76 Hamilton Street, Birkenhead, Merseyside, CH41 5EN. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 0151 666 5800 Fax: 01264 785146. Check if you can issue your claim online. It will save you time and money. Go to www.moneyeclaim.gov.uk to find out more.
Produced by: M Deane
O_5_6
N322 Order for recovery of award
Although £500 costs were paid back to John Brace directly by Merseyside Fire and Rescue Authority, a £100 court fee paid to Birkenhead County Court is yet to be refunded. Birkenhead County Court have promised to refund this by postal order to Mr Brace by the end of July 2020.
I have started a petition here calling for some reforms to Merseyside Fire and Rescue Authority policies and working practices that I hope to submit to the public meeting of Merseyside Fire and Rescue Authority on the 30th July 2020.
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