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A deputy has begun asking questions about how often local law enforcement use private law firms, while also seeking clarity on any potential tender process.
Deputy Gavin St Pier has submitted a series of Rule 14 questions to the Committee for Home Affairs. He is also looking to shine a light on how often Tomlin Orders are used.
You can see his questions to Home Affairs below:
What are the circumstances in which Bailiwick Law Enforcement (BLE) instructs legal advisers from law firms (i.e. other than advocates from within St. James' Chambers) on or off the island to act on behalf of BLE or its officers?
In the circumstances where law firms are instructed to act for BLE or its officers:
What are the competitive tender processes used to select the successful firms? Is States procurement always involved?
Is the Directive on Litigation always applied to case management?
From which budgets are costs managed?
Can the Committee provide a breakdown detailed between instructing law firms of the total costs (i.e. fees and disbursements) incurred for each of the five calendar years ending 31st December 2023?
How many litigation cases involving BLE or its officers have been resolved by Tomlin Orders or other form of consent orders in the 12 months ending 7th February 2024 and each of the preceding four years to 7th February each year?
Deputy St Pier said he has lodged these questions because he wants to understand the circumstances in which the States is choosing to instruct third party law firms, instead of using the States’ own legal resources.
“It is also important that there is transparency around the cost of such arrangements and which firms are being used. The public are also entitled to expect that the tenders are competitive and the procurement processes are adhered to in these cases," he said.
“Following the debacle of the PFOS case a decade ago, to minimise public expenditure on pursuing litigation, a treasury directive was produced to ensure that all States’ litigation is subject to regular, objective review.
“I’m seeking reassurance that these cases are managed in the same way. Finally, it is common for cases to cease with the consent of the litigating parties before they go to full trial and it is important to get a sense of how often this is happening.”
The most recent Tomlin Order known to Express was made to stop a series of petty debt claims made by two members of the public against Guernsey Police officers. The claims were elevated to the Royal Court in 2022.
The police officers were using the services of Ferbrache & Farrell.
A Tomlin Order is a court order that records the settlement of a dispute out of court. It effectively puts a stop to any further court proceedings.
The wording of a Tomlin Order is neutral and doesn’t indicate a judgment, or who ‘wins’ or ‘loses’ a case. It’s important to note that Tomlin Orders only pause proceedings, and if either side fails to keep their side of an agreement, proceedings can be restarted.
The orders themselves are publicly available, however, any details of the settlement are kept confidential.
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