DPF Circulars

DPF CIRCULAR NO. 04/08

27 Feb 2008

 

Scottish Housing/Rent Allowance 1989/1990

On Thursday 21 February 2008 the National Chairman and the Northern JBB Secretary met with Digby Brown Solicitors to discuss the alleged breach of contract claim against the MOD arising from the issue of Rent/Housing Allowance for Officers serving in Scotland between 1 April 1989 and 31 March 1990.

Counsel has been instructed to provide a legal view on the merits of this claim. Counsel has come back with a preliminary view to the effect that the case has difficulties. In light of the fact that the case is highly complex - both factually and legally - Counsel has asked the DPF to furnish her with further information before she will be in a position to provide a final legal view.

A Consultation will now take place with Counsel, the JBB Secretary and our Solicitors in the near future. Following the Consultation, it is expected that Counsel will be able to finalise her legal opinion on the case and provide the Federation with a Written Advice, the terms of which will be communicated to members.

We would remind members that, if litigated, this case will go before the highest civil court in Scotland - the Court of Session. Accordingly, our Solicitors have strongly recommended that because of the high costs involved in litigating Court of Session cases, the Federation should not contemplate raising such a claim until all investigations are exhausted and all facts placed before Counsel.

Your continued support and patience is appreciated.

We will of course report back to members once our Solicitors have concluded their investigations and Counsel has provided her final legal view on whether or not a breach of contract claim stands reasonable prospects of succeeding.

John Regan
JBB Secretary (N)