Written question asked by Jonathan Djanogly (Conservative) on Monday, 26 January 2004, in the House of Commons. It was due for an answer on Monday, 9 February 2004. It was answered by Adam Ingram (Labour) on Monday, 9 February 2004 on behalf of the Ministry of Defence.
Ministry of Defence
- Question
- To ask the Secretary of State for Defence, what provision the Department has made for exceptional legal costs associated with litigation with disposal contractors; how many sets of barristers' chambers have been employed by the Disposal Services Agency for litigation against disposal contractors since 1997, broken down by litigation action; what the (a) external legal and (b) total costs were of settling each claim by the Disposal Services Agency against disposal contractors in each year since 1997, broken down by contractor; how the accounts of the Disposal Services Agency indicated costs incurred for legal action involving disposal contractors in each year since 1997; which disposal contractors are in litigation with the Disposal Services Agency; and how many other disputes may result in litigation, broken down by contractor; how many disposal contractors the Disposal Services Agency has been in litigation with on contractual matters in each quarter since 1997, broken down by contractor; and how many have been settled by each year end; which disposal contractors have dealt with the Disposal Services Agency since 1997; what the legal costs of defending each action by disposal contractors against the Disposal Services Agency were in each of the last five years; if he will list the cases against the Disposal Services Agency which were settled (a) in court and (b) by arbitration in each of the last five years. - Inc table.
- Answer
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Mr. Djanogly: To ask the Secretary of State for Defence (1) what provision the Department has made for exceptional legal costs associated with litigation with disposal contractors; [151582] (2) how many sets of barristers' chambers have been employed by the Disposal Services Agency for litigation against disposal contractors since 1997, broken down by litigation action; [151589] (3) what the (a) external legal and (b) total costs were of settling each claim by the Disposal Services Agency against disposal contractors in each year since 1997, broken down by contractor; [151590] (4) how the accounts of the Disposal Services Agency indicated costs incurred for legal action involving disposal contractors in each year since 1997; [151591] (5) which disposal contractors are in litigation with the Disposal Services Agency; and how many other disputes may result in litigation, broken down by contractor; [151592] (6) how many disposal contractors the Disposal Services Agency has been in litigation with on contractual matters in each quarter since 1997, broken down by contractor; and how many have been settled by each year end; [151593] (7) which disposal contractors have dealt with the Disposal Services Agency since 1997; [151594] (8) what the legal costs of defending each action by disposal contractors against the Disposal Services Agency were in each of the last five years; [152145] (9) if he will list the cases against the Disposal Services Agency which were settled (a) in court and (b) by arbitration in each of the last five years. [152146] Mr. Ingram: A list of all the companies that have held disposal contracts with the Disposal Services Agency (DSA) for the collection, storage and marketing of surplus MOD stock since 1997 is set out as follows: DSA Marketing and Sales Agreements _________________________________________________________________________________________________. SRI No. Contractor Commodity Current Contractors 1 Azcom Office and Domestic Furniture 2 Babcock Commercial Vessels 3 Babcock Misc Items (RMA) 4 BAE Systems Stingray MODO and Tigerfish 5 Cronifer Sale of Stock and Reusable Metals 6 Donelan Office and Domestic Furniture 7 Ecosse Hospital Products Ltd. Hospital Products 8 Field Textiles Clothing and Textiles 9 JCM Sale of surpluses from private sector and Gazelle Helicopters 10 Leyland Trucks Ltd. Sale of Leyland 4 tonne trucks to Kenya 11 Liquidity Services Intl Surplus Ship, Aircraft and A Veh. Spares 12 UMBDA UK Ltd. Rapier Eqpt and Spares 13 Office Green Toner and Ink Jet Cartridges and Mobile Phones 14 PAL Carriers Ltd. Office and Domestic Furniture 15 Penman Eng Ltd. APV 1.5 Vehicles 16 Ramco Misc. Items and Catering Eqpt. (RMA) 17 Recommit Computers Associated Eqpt. 18 RO PLC/BAE Army Ammunition 19 Sigma Aerospace ALISON T-56 AERO ENGINES 20 Silver Lining Surplus Computers Associated Eqpt. 21 Thales Air Defence Javelin "Starburst" S1 5 22 Thorn Microwave Devices RADAR (ESFKS) 23 Trackteck Industries Cymbeline (mortar location radar) 24 Victory Ltd. Wood and Copper HMS Victory 25 Withams Motor Vehicles (Non Armoured) Former Contractors 26 AMAC (UK) Ltd. Clothing and Textiles 27 Blue Chip International Disposals Misc. Items (RMA) 28 British Car Auctions Motor Vehicles 29 Compaq Ltd. Computers Associated Eqpt 30 EKO-TEK Power Ltd. Misc Items (RMA) 31 Digital Ltd. Computers Associated Eqpt. 32 Fourth Party Services Ltd. Computers Associated Eqpt. 33 Sartek (UK) Ltd. Computers Associated Eqpt. 34 Hall and Watts 105mm Pack Howitzer 35 LC Trading Office and Domestic Furniture 36 Leafields Logistics and Tech. Services Ship Spares Ltd. 37 Leafields Logistics and Tech. Services Misc. Items (RMA) Ltd. 38 MASL Aircraft Spares 39 MGS (UK) Ltd. Misc Items (RMA)--Region 5 and 7 40 Military Vehicle Spares Ltd. Motor Vehicle Spares 41 RO Defence PLC Light Guns _________________________________________________________________________________________________. All of the DSA's contracts with these marketing contractors contain clauses within them that allow for the resolution of disputes. If, through normal dialogue between the parties, a dispute cannot be resolved, either party has the right to seek resolution of the dispute through litigation or arbitration. The arbitration process is in confidence. Since 1997, there has only been one case of arbitration and this is still ongoing. However, because the information refers to legal proceedings, I am withholding the details in accordance with Exemption 4c of the Code of Practice on Access to Government Information. There have been no court proceedings. If a dispute escalates into formal arbitration, legal costs may be incurred by the Department (depending upon the nature of the claim). These costs, however, may be recoverable depending on the outcome of the arbitration process.
Secondary information
- Type
- Written question
- Reference
- 417 c1176-8W; 151582;151589;151590;151591;151592;151593;151594;152145;152146
- Session
- 2003-04
- Related items
- Subjects
- Contracts Barristers Costs Arbitration Civil proceedings Legal costs Trials Disposal Services Agency
- Contains statistics
- Yes
- Link
- View this Written question on www.publications.parliament.uk
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- 2013-11-24 20:14:11 +0000
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