Key information
Executive summary
This decision is an update to PCD 489 relating to legal advice that MOPAC have been provided in order to recover costs in a commercial dispute. A course of action has been discussed and agreed based on the legal advice.
Recommendation
DMPC is recommended to:
• Agree the course of action set out by the legal team representing MOPAC and the MPS in this commercial dispute.
Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. On 02/11/18 PCD 489 was signed to approve the action recommended by legal advice to recover costs in a commercial dispute. This decision provides updated legal advice.
2. Issues for consideration
2.1. Further legal advice has been taken and the next steps are set out in the Part two of this decision. Part 2 of this Report is exempt because it falls within an exemption specified in para 2(2) of the Elected Local Policing Bodies (Specified Information) Order 2011 and/or under the Freedom of Information Act 2000, e.g. because the information amounts to personal data, is confidential or commercially sensitive.
3. Financial Comments
3.1. These are covered in Part 2 of this report.
4. Legal Comments
4.1. The MOPAC Scheme of Delegation section 4.10, outlines the circumstances when the DMPC should authorise the financial settlement of all significant claims when it is deemed that the decision is novel or contentious or of significant public interest. It is appropriate to apply the conditions of the Scheme of Delegation in this instance.
5. GDPR and Data Privacy
5.1. This decision does not use personally identifiable data of members of the public therefore there are no GDPR issues to be considered.
6. Equality Comments
6.1. There are no negative equality or diversity implications arising from this decision.
7. Background/supporting papers
7.1. PCD 489 Recover costs in the commercial dispute with Northrop Grumman.
Signed decision document
PCD 509