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Stayed South Wales Claims for Damage to Crown Property (DCP)

Stayed South Wales Claims for Damage to Crown Property (DCP)

A number of claims presented by Kier Highways Ltd., in the name of Highways England for damage to the Strategic Road Network (SRN) remain ‘stayed’ by South Wales Courts. We understand these matters will be listed for final hearing in or about 04/2020.

As of yet, we remain without any disclosed schedule of rates from the claimant, Highways England, against which to compare the charges upon the presented invoices supported by Cost Breakdown Documents (CBD).  We do, however, possess many contradictory statements from the Authority!

Would the Public Authority provide false information? Tribunal Judges have stated:

  • We find that the failure to recognise and process the requests was principally caused by inadequate or inaccurate responses by the personnel within Public Authority.
  • we find this to be the cause of what came to be described as “Obsessive behaviour” on the part of the requestor, which in our view, in all the circumstances was not manifestly unreasonable.
  • We have been persuaded that he (Mr Swift) has received erroneous information.

A further Judge, dismissing every ground of appeal presented by the Authority, wrote:

  • I wish to express my concern that the Information Commissioner was forced to expend resources, which I suspect are less than abundant, on requiring a public authority to do that which it should do as a matter of course, i.e. comply with the law.

Read more here.