Side project: reopen the case

The Project Office › Plans › Side project SP-REOPEN

A mini-project inside Parcel A (Phase 1). It stays on standby until a trigger is confirmed, then runs the trigger-event SOP to a filing. Planning stance: hope for the best, plan for the worst.

Standby. No trigger confirmed. The clocks start on the discovery date (T0) once Gate 1 is passed.

Project Brief

Background, objective, scope

Background

The Court of Appeal gave judgment for BP Properties Ltd on 31 July 1987 ([1987] EWCA Civ 2); the House of Lords refused leave on 3 March 1988; possession was taken on 29 November 1988 and demolition began on 6 December 1988. Application 14464/88 to the European Commission of Human Rights was declared inadmissible on 14 April 1989. The reopen-loop scores possible triggers every 4 hours (reopen triggers).

Objective

File the right application, in time, within days of a confirmed trigger, with evidence that will stand up.

Scope

  • In: the SOP, evidence preservation, legal opinion, route choice, the filing.
  • Out: the FOI and SAR programme (WP-FOI), the press programme, Phase 2.

Constraints

  • No court step without a written legal opinion.
  • No outside letter that names a private individual.
  • Every clock in the SOP is met.

Business Case

Why, options, benefits, costs
OptionWhat it meansAssessment
0. Do nothingWait until a trigger appears, then planRejected: the clocks start at discovery and a late start costs the route
1. SOP on standby (chosen)Steps, owners and deadlines written now; nothing filed until Gate 3£0 cash before Gate 2; no deadline lost
2. Instruct counsel nowPaid opinion on the present recordDeferred: no ground meets the court-readiness bar yet

Benefits

  • The judgment set aside, title restored or compensation (route B, D).
  • A Strasbourg finding against the United Kingdom (route C1).
  • A full public record of what happened.

Costs

£0 until Gate 2. Counsel’s fee estimate is a Gate 2 product; public access, pro bono and conditional fee options are compared there. Adverse costs exposure is assessed in the opinion.

Planning stance: hope for the best, plan for the worst

Best, expected and worst paths
PathWhat happens
Best caseGate 1 passes on a primary record; pro bono or public access counsel within 2 weeks; set-aside claim issued within 8 weeks of T0; money and land actions under s.32 alongside; judgment set aside.
Expected caseThe record needs official copies (2–6 weeks); opinion by T0 + 6 to 10 weeks; letter before action, then a claim; defended; an appeal; a final domestic decision, then the Strasbourg four months if needed.
Worst caseThe record is not accepted, or the opinion finds no route; nothing filed; the evidence is kept, the reopen-loop continues, and the FOI, ICO and ombudsman routes carry on. Innocent purchasers since 1988 are outside reach (s.32(3)); money routes against those responsible remain.

Plan and stage gates

Stage 0 standby → legal opinion → route chosen → filing
StageNameWhenProductsGate at the end
0StandbyNow until a triggerReopen-loop and research flywheel run; SOP v1 approved (D-19)Gate 1: evidence threshold met? Every Takhar limb at 4 or more and the record verified
1Legal opinionT0 to T0 + 6 weeksEvidence pack; preservation notices; counsel instructedGate 2: written opinion names a route
2Route chosenT0 + 6 to 8 weeksLetter before action; reports where they applyGate 3: Executive approves the route
3FilingClock-drivenClaim form, application or complaint lodged inside its time limitGate 4: filed; stamped copy held; next court date logged

Countdown slots: T0 + 14 days (Gate 1), T0 + 28 days (opinion asked), T0 + 6 weeks (Gate 2), T0 + 8 weeks (Gate 3); the four months from the final domestic decision (Strasbourg); six months from knowledge (Rule 80, future judgments only). They show above once the trigger is set.

Tolerances

Time, cost, scope, quality, risk, benefit
ToleranceLimit
TimeNo legal time limit missed; internal targets ± 1 week
Cost£0 cash before Gate 2; any spend by Executive approval
ScopeThe 1987 judgment and the actions flowing from it
QualityEvery document hashed, logged and verified before use
RiskAny risk scoring 15 or more goes to the Executive the same day
BenefitReviewed at each gate

RAID log

Risks, assumptions, issues, dependencies
TypeRefDescriptionResponse or status
RiskR-045A trigger is found with no SOP ready, and a clock is lostSOP v1 published; clocks pre-set
RiskSR-1The record is not admissible as it standsOfficial copies; custody log from T0
RiskSR-2A time limit is read wronglyEvery limit cited to its rule; counsel confirms at Gate 2
RiskSR-3Adverse costs on a failed claimOpinion covers costs; pro bono and fee options compared at Gate 2
RiskR-036Public wording read as an accusationOfficials by role; facts only; review before release
AssumptionSA-1Takhar and CPR 52.30 stay as they areChecked at each gate
AssumptionSA-2Counsel can be found within 2 weeks of T0Three channels approached together
IssueI-076What the Strasbourg registry still holds of file 14464/88Open until the registry answers
DependencySD-1Reopen-loop scores and the research flywheelreopen triggers
DependencySD-2HM Land Registry subject access replies (due 28 Oct 2026) and the archive visitswork packages

Roles

Who does what
  • Executive: approves gates, signs letters, instructs counsel.
  • Senior Supplier: counsel and solicitor, once instructed.
  • Project Manager: Tab agent; runs the SOP, the custody log, the clocks and HubSpot.

Registers: R-045 · I-076 · WP-REOPEN · D-19 · trigger-event SOP · sop-branches.json

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