Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what the cost to his Department was of R v SSWP UK SC 0029/2016.

The appeal of R (on the application of Rutherford and others) v Secretary of State for Work and Pensions was heard with six other appeals in the Supreme Court, therefore separate figures for individual appeals are not available. The legal costs incurred by the Department in respect of the Supreme Court proceedings for Rutherford and the other joined appeals are approximately £219,500.

This figure includes VAT where payable (for example on Counsel’s fees) and disbursements but does not include costs attributable to time spent by Government advisory lawyers, as time spent by such advisory lawyers is not recorded in a manner that allows it to be attributable to individual appeals.

The Department has also paid £50,000 to the Rutherfords in respect of their legal costs in the proceedings up to and including the Supreme Court and a further payment will be made in due course.