Our Ref:         FOI-1079-1819

Thank you for your request received on 19 July 2018 asking for information about TfL’s legal expenditure.
 
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm we do hold the information you require. You asked for:
 
The total legal spend for TfL for the 2016 and 2017 calendar years
 
TfL’s total external legal expenditure during the last three financial years was:
 
2015/16           £16,186,667.36
2016/17           £16,229,695.23
2017/18           £15,064,305.28
 
As a large commercial organisation, (employing approximately 28,000 people), TfL inevitably has a significant volume of complex legal issues in relation to general commercial and corporate matters, property, disputes and employment law. Total annual amounts are given in respect of firms who provide such legal support. TfL has a panel of external law firms to provide the majority of external legal support that is required. These firms were appointed after a competitive process and TfL continuously seeks to ensure that it achieves value for money from its external lawyers including driving greater efficiencies through securing reduced fees.
 
When considering the information please also note the following:
 
? In some cases legal costs incurred have been met by third parties, for instance in relation to the commercial development of TfL property, or recovered following successful legal proceedings.
? Fees paid to law firms may include disbursements (i.e. the cost of experts, counsel etc.) these amounts have not been separated out from the general legal support figures provided.
? Figures cover the financial year periods from 1 April to 31 March.
? Figures are net of VAT.
 
The legal spend pertinent to the latest legal action against Uber relating to its licence in London
 
TfL’s external legal costs in the recent licensing appeal by London private hire vehicle operator Uber London Limited were £96,015.70. These are being covered in full by Uber London Limited following the legal action.
 
A detailed list of fees from individual legal advisers working for TfL on this matter
 
In accordance with the FOI Act, we are not obliged to supply this information as it is subject to an exemption to the right of access to information under section 43(2).
 
The section 43(2) exemption has been applied as disclosure would, or would be likely to, prejudice the commercial interests of TfL and/or those of our external legal advisers.  The prejudice would be to TfL’s ability to secure competitive rates where it requires external legal assistance as well as our external legal advisers’ ability to negotiate fees for other work.
 
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for public authorities to be open and transparent, but in this instance ensuring that we are able to obtain the best value for public money and not undermine the commercial position of our external legal advisers outweighs the general public interest in increasing transparency of our processes.
 
If this is not the information you are looking for please feel free to contact me.
 
Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]