Our Ref: Date:
IM-FOI-2017-1405 8th August 2017
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act 2002. For ease of reference, your request is replicated below together with the response. I am seeking a breakdown of the figures as paid to law firms and chambers, as disclosed in the response (funds paid by Police Scotland per law firm) to FOI 17-1140. In response to your request, I would advise you that the figure provided in response to question 1 of the FOI request 17-1140 was incorrect. The correct figure should have been £1,068,320.82. The breakdown of the total figure for solicitors' fees by solicitor and year are as follows: Firm
2014
AC White Allan Black & McCaskie Allcourt Solicitors Balfour & Manson Blackadder & McMonagle Brazenall & Orr Carruthers Curdie Sturrock & Co. Clyde & Co. (formerly Simpson and Marwick, see below) Cockburns Corrigal Black Criggies Douglas Gilmour & Son DWF Gray & Gray George Mathers & Co Grigor & Young Hamish L Melrose Hunter & Robertson Solicitors John Henderson & Sons Leddingham Chalmers Linda George Family Law MacIntosh Humble Mackie Thomson
240 0 60 0 54
0 300 222 0 60 0 0
Total 396 300 462 1236.3 342 168 324
75103.97
213933.24
72764.7
361801.91
0 168 42 36 0 0 0 0 0 294
0 138 0 0 0 0 0 0 540 396
0 0 0 0 134.8 0 600 1008 0 1122
54 0 0 0 60 0 912 0 60
54 306 42 36 134.8 60 600 1920 540 1872
576 28218.52 252 54 0
384 24826.94 522 0 96
1092 29927.18 168 60 0
180 20933.44 42 60 0
2232 103906.08 984 174 96
scotland.police.uk
96
2015 246
0 584.1 48 168 0
0 652.2 174 0 270
0
@PoliceScotland
2016
2017 54
PoliceScotland
Mackintosh Wylie Macnabs Solicitors Malcolm & Hutchison Mathie McCluskey McCluskey Browne McCusker McElroy & Gallanagh McIntyre & Co McLellan Adam Davis MacDonald McIver & Co Morton Fraser Patten Prentice Rankin & Aitken Reid Cooper Russel & Aitken Russell, Gibson McCaffrey Simpson and Marwick Stewart Balfour Thorntons W & AS Bruce
0 0 132 36 288 0
0 72 0 42 624 0
48 60 0 0 960 0
0 180 0 0 160 30
48 312 132 78 2032 30
0 54 30 92809.89 0 0 0 0 1260 117977.6 0 0 0
0 0 323.1 112910.34 0 42 14611.92 0 1092 166936.55 0 0 60
150 0 0 65727.39 0 0 0 60 936 0 48 417.6 0
108 0 0 6621.98 96 0 1290 0 796.8 0 0 3342.56 0
258 54 353.1 278069.6 96 42 15901.92 60 4084.8 284914.15 48 3760.16 60 1068320.82
The sum paid to advocates broken down by chamber and year are as follows:Chambers 5 Essex court Ampersand Arnot Manderson Axiom Black Compass Terra Firma
2014 0 25800 6540 0 0 1500 1140
2015 0 37200 1800 0 6600 4914 0
2016 2835 15900 0 1140 0 12420 2640
2017 13785 5100 4500 7500 0 1500 0
Total 16620 84000 12840 8640 6600 20334 3780 152814
These figures relates to instances where advocates have been instructed directly by Legal Services. I regret to inform you that I am unable to provide you with the figure in respect of fees charged on occasions where Counsel and/or Senior Counsel have been instructed by external solicitors acting for the Chief Constable as it would prove too costly to do so within the context of the fee regulations. As you may be aware the current cost threshold is £600 and I estimate that it would cost well in excess of this amount to process your request. As such, and in terms of Section 16(4) of the Freedom of Information (Scotland) Act 2002 where Section 12(1) of the Act (Excessive Cost of Compliance) has been applied, this represents a refusal notice for the information sought. scotland.police.uk
@PoliceScotland
PoliceScotland
By way of explanation, in such circumstances, the outlay in respect of Counsel/Senior Counsel's fees would be paid by the external solicitors and then included in their fee note. Figures are therefore included in the answer supplied in the first table above. 951 fee notes have been rendered by external solicitors since January 2014. It would take well in excess of the cost threshold to source and check each fee note and determine what, if anything, was paid in respect of fees charged by Counsel/Senior Counsel instructed by external solicitors. Should you require any further assistance concerning this matter please contact Information Management - Stirling on 01786 456321 quoting the reference number given. If you are dissatisfied with the way in which your request has been dealt with, you are entitled in the first instance, and within 40 working days of receiving this response, to request a review of our actions and decisions. Should you wish to do so, please contact us at the following address, stating what has caused your dissatisfaction and what you require us to review: Information Management (Disclosure), Police Scotland, Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH -
[email protected] If you remain dissatisfied following the outcome of that review, you are thereafter entitled to apply to the Scottish Information Commissioner within six months for a decision. You can raise an appeal using the online service at www.itspublicknowledge.info/Appeal or by writing to Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, or via email at
[email protected]. Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only.
scotland.police.uk
@PoliceScotland
PoliceScotland
Our Ref: Date:
IM-FOI-2017-1140 7th June 2017
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act 2002. For ease of reference, your request is replicated below together with the response. I would like to make a Freedom of Information request for information contained in fees and other expenses paid by Police Scotland to: 1) Law firms and solicitors (and which law firms/solicitors) 2) Advocates & QCs and Faculty Services 3) Fees for any opinions by Advocates & QCs 4) The Scottish Courts Service or Scottish Courts and Tribunals Service From January 2014 to the date of this FOI request In response to this question, I would advise you we have taken this request to be for total sums paid in respect of the four categories mentioned in the request. 1) Law firms and solicitors (and which law firms/solicitors) £1,079,613 has been paid to law firms and solicitors in respect of fees and other expenses from January 2014 to date. The solicitors in question were:John Henderson & Sons Malcolm & Hutchison Clyde & Co (formerly Simpson & Marwick), Russell, Gibson, McCaffrey Morton Fraser Linda George Family Law McLennan, Adam, Davis Hunter & Robertson Balfour & Manson Leddingham Chalmers Macdonald MacIver & Co Killean & Co Douglas Gilmour & Son Mathie McCluskie Corrigail Black Blackadder & McMonagle McCluskey Browne AC White MacIntosh Humble
scotland.police.uk
@PoliceScotland
PoliceScotland
Braenall & Orr Criggies Corrigall Black McNabbs LLP Hamish L Melrose W & AS Bruce Mathie MacLuckie Carruthers Curdie Sturrock Rankin & Aitken Mackie Thomson & Co Reid Cooper LLP Grigor & Young George Mathers & Co Thorntons Macintyre & Co Gray & Gray LLP Allcourt Solicitors DWF LLP Patten Prentice McCusker, McElroy & Gallanagh 2) Advocates & QCs and Faculty Services £152,814 has been paid to "Advocates, QCs and Faculty Services" from January 2014 to date. Please note that this figure relates only to instances where fees have been paid to Counsel and/or Senior Counsel who been instructed by Legal Services directly. I regret to inform you that I am unable to provide figures in respect of fees charged in instances where Counsel and/or Senior Counsel have been instructed by external solicitors acting for the Chief Constable, as it would prove too costly to do so within the context of the fee regulations. As you may be aware the current cost threshold is £600 and I estimate that it would cost well in excess of this amount to process your request. As such, and in terms of Section 16(4) of the Freedom of Information (Scotland) Act 2002 where Section 12(1) of the Act (Excessive Cost of Compliance) has been applied, this represents a refusal notice for the information sought. By way of explanation, in such circumstances, the outlay in respect of Counsel/Senior Counsel's fees would be paid by the external solicitors and then included in their fee note. (Figures are therefore included in the answer to question 1). As a result, the only way to provide you with this information in an accurate and consistent manner would be to individually examine each and every fee note for the years requested to determine what, if anything, was paid in respect of fees charged by Counsel/Senior Counsel instructed by our external solicitors. To give you an idea of the scale of the task there were 951 fee notes rendered by external solicitors since January 2014.
scotland.police.uk
@PoliceScotland
PoliceScotland
3) Fees for any opinions by Advocates & QCs £52,014 has been paid to in respect of Opinions of Counsel and Senior Counsel instructed by Legal Services directly. As in question 2, I regret to inform you that I am unable to provide figures in respect of fees charged in instances where Counsel and/or Senior Counsel have been instructed by external solicitors acting for the Chief Constable, as it would prove too costly to do so within the context of the fee regulations. 4) The Scottish Courts Service or Scottish Courts and Tribunals Service £32,378 has been paid to the Scottish Court Service since January 2014 by Legal Services directly. Again, as in question 2, I regret to inform you that I am unable to provide figures in respect of fees charged in instances where Counsel and/or Senior Counsel have been instructed by external solicitors acting for the Chief Constable, as it would prove too costly to do so within the context of the fee regulations. Should you require any further assistance concerning this matter please contact Information Management - Stirling on 01786 456321 quoting the reference number given. If you are dissatisfied with the way in which your request has been dealt with, you are entitled in the first instance, and within 40 working days of receiving this response, to request a review of our actions and decisions. Should you wish to do so, please contact us at the following address, stating what has caused your dissatisfaction and what you require us to review: Information Management (Disclosure), Police Scotland, Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH -
[email protected] If you remain dissatisfied following the outcome of that review, you are thereafter entitled to apply to the Scottish Information Commissioner within six months for a decision. You can raise an appeal using the online service at www.itspublicknowledge.info/Appeal or by writing to Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, or via email at
[email protected]. Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only.
scotland.police.uk
@PoliceScotland
PoliceScotland
1 Pacific Quay Glasgow G51 1DZ Tel: 01786 896630
16 August 2017 SPA 044-2017
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 REQUEST DETAILS Please find below our response to your correspondence dated 23 May 2017, in which you made the following request under the Freedom of Information (Scotland) Act 2002: I would like to make a Freedom of Information request for information contained in fees and other expenses paid by the Scottish Police Authority to: ; ; ; ;
in house lawyers, law firms and solicitors (and which law firms/solicitors) Advocates & QCs and Faculty Services, fees for any opinions by Advocates & QCs the Scottish Courts Service or Scottish Courts and Tribunals Service
from January 2014 to the date of this FOI request RESPONSE Your request for information has been considered and the Scottish Police Authority (SPA) is able to provide the following information in response.
SPA Legal Costs (in-house and Third Party) From Jan 2014 to June 2017 Financial Year Expenditure Type SPA Third Party Legal Costs SPA In House Legal Costs
Grand Total
Account Name
2013/14
2014/15
2015/16
2016/17
2017/18
Grand Total
Legal
154,449
104,570
175,785
167,667
20,543
623,012
National Insurance - Pol Staff Salaries - Police Staff Superannuation - Police Staff
6,709 65,043 12,553 238,754
5,085 49,145 9,485 168,284
6,861 85,828 13,634 282,106
8,801 100,103 14,393 290,964
4,965 43,584 8,324 77,416
32,421 343,702 58,389 1,057,524
It is not possible, without a significant amount of manual checking, to provide a breakdown to specific costs in relation to points 2-4. It is assessed that to locate, retrieve and extract information would take longer than the threshold set by the Scottish Information Commissioner. SPA has estimated that under the current finance processes to extract the information you have requested would take a member of staff more than 5 working days or 40 hours to locate, retrieve and provide the information, and the cost of doing this is estimated to exceed the cost threshold set by the Scottish Information Commissioner at £600. This information is therefore exempt from disclosure under section 12(1) of the Freedom of Information (Scotland) Act 2002 (excessive cost of compliance). If you are dissatisfied with the way in which your request has been dealt with, you are entitled in the first instance, and within 40 working days of receiving this response, to request a review of our actions and decisions. Should you wish to do so, please contact us at the following address, stating what has caused your dissatisfaction and what you require us to review: Information Management, Scottish Police Authority, 1 Pacific Quay, Glasgow, G51
[email protected] If you remain dissatisfied following the outcome of that review, you are thereafter entitled to apply to the Scottish Information Commissioner within six months for a decision. Contact details are; Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS - www.itspublicknowledge.info/Appeal. Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. Yours sincerely
Information Management
