Request ID: FOI-1344-2324 Date published: 23 August 2023
You asked
What have been your costs ( legal and other consultants)when instructions were given in ULEZ matters, including Court case's.
Request relates to the current ULEZ and the proposed ULEZ expansion
We answered
Our Ref: FOI-1344-2324
Thank you for your e-mail received on 1 August 2023 clarifying your request for information about legal and consultant costs regarding the Ultra Low Emission Zone (ULEZ). 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. Unfortunately, to provide the information you have requested would exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004. Under section 12 of the FOI Act, we are not obliged to comply with a request if we estimate that the cost of determining whether we hold the information, locating and retrieving it and extracting it from other information would exceed the appropriate limit. This is calculated at £25 per hour for every hour spent on the activities described. We have estimated that it would cost over £450 to provide a response to your current request. This is because it is estimated that it would take in excess of 18 working hours to retrieve and compile the information you have requested. The ULEZ was originally launched on 8 April 2019 and covered the same area of central London as the Congestion Charging zone. On 25 October 2021, the ULEZ was expanded to cover the area up to, but not including, the North and South Circular roads. This represented an 18 time increase in the size of the zone. We would have used various external lawyers and consultants at different points during this time. They may have been appointed by different areas of the organisation as well as the Legal team. For example external solicitors or consultants may have been appointed during consultation analysis, Equality Impact Assessment production, drafting etc. For information, with regard to the ULEZ expansion that will be implemented from 29 August, TfL and the Mayor instructed external solicitors and barristers to act for them in defending the ULEZ judicial review proceedings. The fees incurred in doing so were £206,000 (rounded down to the nearest £1000). However further to the Court’s Order that the Claimants should pay TfL and the Mayor’s costs, the £206,000 has been reimbursed in full with no net cost to TfL or the Mayor. To help bring the cost of responding to your request within the £450 limit, you may wish to consider narrowing its scope so that we can more easily locate, retrieve and extract the information you are seeking. If you want to refine your request or make a Freedom of Information Act request in future, please bear in mind that the Freedom of Information Act allows you to request recorded information held by us. You should identify the information that you want as clearly and concisely as you can, specifying the types of document that you are looking for. You might also consider limiting your request to a particular period of time, geographical area or specific departments of the organisation. Although your request can take the form of a question, rather than a request for specific documents, we do not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request. Please note that we will not be taking further action until we receive your revised request. In the meantime, if you have any queries or would like to discuss your request, please do not hesitate 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
