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31 August 2017 Our ref: FOI 2017-21

Request for information Thank you for your email of 22 May 2017, in which you asked for the following information from the UK Supreme Court (UKSC).

I would like to make a Freedom of Information request tofind out how many UKSCjudges have recused themselves, received requests to recuse, or have refused to recuse themselvesfrom January 2014 to the date of this FOI request, the dates and circumstances of these recusals, and if recorded, which case recusals were made.

Your request has been handled under the Freedom of Information Act 2000 (FOIA). Firsdy, I would like to apologise for the mishandling of your request and the failure to reply. This is entirely due to an error in our logging process in which this request was incorrectly marked as dealt with, but had in fact been mistaken for a separate request you made under the FOIA at the same time which we responded to within the correct time limit. I hope you will accept our apologies for this error. I should also explain that since you made your request we have changed the way in which we log and handle FOI requests, so this situation should not arise in the future. I can confirm that we do hold some information relevant to your request.

In order to provide you with the information on the scale that you have requested would require a search of individual paper case records. We do not maintain a central record of any such requests as there is no business need to do so. Section 12 of the FOIA makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for central government is set at £600. This represents the estimated cost of one The Supreme Court Parliament Square London SW1P3B naul .hrieland (gsunrcmcaHirt.uk www.sunremeeourt.uk

person spending 3.5 working days in determining whether the Department holds the information, locating, retrieving and extracting the information. As your request is widely framed, I estimate that it will take us more than 3.5 working days to determine appropriate material within the scope of your request, and locate, retrieve and extract that information.

I am sorry that on this occasion I cannot suggest ways in which you could narrow the scope of your request to bring it within the cost limit. This is because any information sought under a revised request, for example requesting information for a shorter time period, would still be exempt under section 32 (court records). However, outside the terms of the Act, and to be helpful, I can explain the following.

Where there are reasons that a Justice considers there might be an issue of recusal, that information is sent to the Justice chairing the panel (normally the President or Deputy President) and then a letter is sent to the parties. I can confirm that there have been no instances where we have written to parties that has subsequently led to a request from the parties for a Justice to stand down.

Similarly, I can confirm that there have been no instances where a Justice has recused themselves following a request initiated by a party to a case. As part of our obligations under the FOLA, the UK Supreme Court has an independent review process. If you are dissatisfied with this response, you may write to request an internal review. The internal review will be carried out by someone who did not make the original decision, and they will re-assess how the Department handled the original request.

If you wish to request an internal review, please write or send an email to the following address:

William Arnold Director of Corporate Sendees UK Supreme Court Parliament Square London SW1P 3BD e-mail: [email protected] If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner’s Office under Section 50 of the FOIA. You can contact the Information Commissioner’s Office at the following address: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF The Supreme Court Parliament Square London SWIP3BD naul.hriiihi [email protected] w
Internet: https: / / \vw\v.ico.pov.uk /Global /contact us.aspx Yours sincerely

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" Paul Brigland Head of Office and Building Services & Departmental Records Officer

The Supreme Court Parliament Square London SW1P3BD naul.hriiiland © suorcmecouit.uk www.sunrcmecourt.uk