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Written question asked by David Lidington (Conservative) on Wednesday, 2 April 2003, in the House of Commons. It was due for an answer on Tuesday, 3 June 2003. It was answered by Yvette Cooper (Labour) on Tuesday, 3 June 2003 on behalf of the Lord Chancellor's Department.


Lord Chancellors Dept

Question
To ask the Parliamentary Secretary, Lord Chancellor's Department, if she will place in the Library a copy of the court order which authorised the writ of fiat facias sealed on 5th November 2002 in respect of Ms Janet Hughes and costs claimed by the Department for Environment, Food and Rural Affairs; and if she will make a statement; if she will place in the Library a copy of the court order made on 21st August and sealed on 22nd August 2002 by Mr Justice Stanley Burnton that Ms Janet Hughes pay costs to the Department for Environment, Food and Rural Affairs; and if she will make a statement; if she will make a statement on the application of the Civil Procedure Rules by the Administrative Court Office to the case of Ms Janet Hughes in respect of costs claimed by the Department for Environment, Food and Rural Affairs. (Dep No 03/1375).
Answer

Mr. Lidington: To ask the Parliamentary Secretary, Lord Chancellor's Department (1) if she will place in the Library a copy of the court order which authorised the writ of fieri facias sealed on 5 November 2002 in respect of Ms Janet Hughes and costs claimed by the Department for Environment, Food and Rural Affairs; and if she will make a statement; [107740] (2) if she will place in the Library a copy of the court order made on 21 August and sealed on 22 August 2002 by Mr. Justice Stanley Burnton that Ms Janet Hughes pay costs to the Department for Environment, Food and Rural Affairs; and if she will make a statement; [107742] (3) if she will make a statement on the application of the Civil Procedure Rules by the Administrative Court Office to the case of Ms Janet Hughes in respect of costs claimed by the Department for Environment, Food and Rural Affairs. [107739] Yvette Cooper: I have today placed in the House Library copies of the transcript of the judgment of Mr. Justice Stanley Burnton given on 21 August 2001, the court clerk's order dated 21 August 2001 and the costs assessment order of Mr. Justice Stanley Burnton made on 9 October 2001. At a hearing on 21 August 2001, the Judge indicated that he proposed to make an order for costs in favour of the defendants. The first defendant Department for Environment, Food and Rural Affairs (DEFRA) was ordered to serve a Schedule of Costs on 22 August 2001 and it was directed that there would be either oral hearing or consideration on written submissions to be confirmed by the parties. On 9 October 2001, the hon. Mr. Justice Stanley Burnton, following consideration of the written representations lodged in August 2001 by the parties, assessed the costs for DEFRA and the National Assembly for Wales. On 5 November 2002, the Administrative Court Office sealed a Writ of Fieri Facias (a means by which a judgment creditor may enforce a judgment or order for the payment of money) on the application of DEFRA. The Administrative Court Office may exercise the jurisdiction, to issue a Writ of Fieri Facias in cases within its jurisdiction on application by a party to the case for enforcement of costs awarded by a Judge of the Administrative Court. The Administrative Court Office has informed Ms Hughes that if she is not content with the transcript and supporting orders in their present form, an amended order of 21 August would be issued by the Administrative Court Office confirming the order for costs in favour of the defendants.


Secondary information

Type
Written question
Reference
406 c308-9W; 107740;107742;107739
Session
2002-03
Subjects
Court orders Department for Environment, Food and Rural Affairs Disease control Foot and mouth disease Legal costs Livestock Wales Hughes, Janet
Link
View this Written question on www.publications.parliament.uk