Assisting the Independent Assessor

Devon farmer, Mr xxx, alleges that he suffered losses as a result of relying on incorrect information placed on an online portal provided by Defra which meant he was too late to apply for a derogation for 2011 from the Nitrate Pollution Prevention Regulations 2008 (as amended). He complained to the Parliamentary and Health Service Ombudsman (PHSO) who in their report, found maladministration against Defra for the original mistake made on the online portal (for which Defra had already apologised) and a further maladministration for the delay in dealing with Mr xxx's complaint. The PHSO was however unable to assess the extent of Mr xxx business or personal losses but made a number of recommendations which Defra addressed through the implementation of an Action Plan (agreed with PHSO). The Plan was approved by the then Permanent Secretary in December 2014. It included the appointment of an Independent Assessor (IA) (barrister) to identify the extent of any losses incurred by Mr xxx's businesses as well as an assessment of his personal losses which relate to injury, distress and loss of amenity as a result of the maladministration. The IA would also consider whether Mr xxxx took steps to mitigate his losses. It has taken some time for those acting for Mr xxxx to provide submissions to the IA. Their claim against Defra for business losses currently stands at some £8.5m. xxxxx of xxxx Chambers was appointed in November 2015 as the Independent Assessor and approval was given in December 2016 for xxxx(junior counsel) to assist him in the production of his report due to the length of time it had taken for Mr xxxx to provide additional material and Mr xxxx's court commitments. The Attorney General's Office gave approval to appoint xxxx at C panel rates (£80/hour). The IA circulated a draft of his report in May. Mr xxxx's representatives have just submitted extensive comments on the report which will need to be considered by the IA with support from xxxx. The value of her contract is therefore increased to £25k to reflect this additional, complex work and the length is extended to 31 March 2018. We have financial provision in 2017/18 to pay for these costs. The appointment of the IA was authorised by the Permanent Secretary as a fundamental part of the Action Plan.

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