Side project: reopen the case
The Project Office › Plans › Side project SP-REOPEN
- Project SP-REOPEN
- Stage 0, standby
- Next gate Gate 1: evidence threshold
- Work package WP-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.
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
| Option | What it means | Assessment |
|---|---|---|
| 0. Do nothing | Wait until a trigger appears, then plan | Rejected: 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 now | Paid opinion on the present record | Deferred: 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
| Path | What happens |
|---|---|
| Best case | Gate 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 case | The 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 case | The 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
| Stage | Name | When | Products | Gate at the end |
|---|---|---|---|---|
| 0 | Standby | Now until a trigger | Reopen-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 |
| 1 | Legal opinion | T0 to T0 + 6 weeks | Evidence pack; preservation notices; counsel instructed | Gate 2: written opinion names a route |
| 2 | Route chosen | T0 + 6 to 8 weeks | Letter before action; reports where they apply | Gate 3: Executive approves the route |
| 3 | Filing | Clock-driven | Claim form, application or complaint lodged inside its time limit | Gate 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
| Tolerance | Limit |
|---|---|
| Time | No legal time limit missed; internal targets ± 1 week |
| Cost | £0 cash before Gate 2; any spend by Executive approval |
| Scope | The 1987 judgment and the actions flowing from it |
| Quality | Every document hashed, logged and verified before use |
| Risk | Any risk scoring 15 or more goes to the Executive the same day |
| Benefit | Reviewed at each gate |
RAID log
Risks, assumptions, issues, dependencies
| Type | Ref | Description | Response or status |
|---|---|---|---|
| Risk | R-045 | A trigger is found with no SOP ready, and a clock is lost | SOP v1 published; clocks pre-set |
| Risk | SR-1 | The record is not admissible as it stands | Official copies; custody log from T0 |
| Risk | SR-2 | A time limit is read wrongly | Every limit cited to its rule; counsel confirms at Gate 2 |
| Risk | SR-3 | Adverse costs on a failed claim | Opinion covers costs; pro bono and fee options compared at Gate 2 |
| Risk | R-036 | Public wording read as an accusation | Officials by role; facts only; review before release |
| Assumption | SA-1 | Takhar and CPR 52.30 stay as they are | Checked at each gate |
| Assumption | SA-2 | Counsel can be found within 2 weeks of T0 | Three channels approached together |
| Issue | I-076 | What the Strasbourg registry still holds of file 14464/88 | Open until the registry answers |
| Dependency | SD-1 | Reopen-loop scores and the research flywheel | reopen triggers |
| Dependency | SD-2 | HM Land Registry subject access replies (due 28 Oct 2026) and the archive visits | work 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
PRINCE2 7 outlines: sources · product set · archive