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Costs relating to the Box Clever case

FOI reference - FOI 2018-06-19
Date - 19/06/2018

Request

a) The total internal costs incurred in relation to the investigation and litigation related to the Box Clever pension scheme.

b) The total external costs incurred in relation to the investigation and litigation related to the Box Clever pension scheme.

c) The costs incurred specifically for employing i) barristers and ii) external legal advisers for the litigation relating to the Box Clever pension scheme.

d) Where possible, please break down each of the above questions into costs incurred for the various stages of the investigation and litigation as classified by The Pensions Regulator (TPR).

Response

I can confirm that we hold some of the information falling within scope of your request.

Information we are able to supply

b) The total external costs incurred in relation to the investigation and litigation related to the Box Clever pension scheme up to the end of April 2018, the last reporting period before your request, is £3,069,153.

c.i) The total cost incurred by employing external barristers up to the end of April 2018 is £1,561,744.

c.ii) The total cost incurred by employing external legal advisers, excluding barristers, up to the end of April 2018 is £63,771.

Information we are not able to supply

We are unable to supply a figure for internal spending on the Box Clever (request A) case as this information is not recorded. Internal staff will often spend time working on multiple cases, with potential overlap at times.

Likewise, TPR does not record costs according to stages of investigation (request D). We are therefore unable to provide the breakdown you have requested. Caution would also be needed when interpreting such a figure, as not all cost are invoiced immediately and therefore the figure may not reflect the true cost at a stage of litigation. To provide some context, we can confirm that the Warning Notice was issued on 30 September 2011 and the case was referred to the Upper Tribunal on 17 January 2012.

Further advice and guidance

If you have not done so already, you may wish to review previous FOI requests which have included information about Box Clever. These can be accessed here: