Lexis Nexis

Summary

The requester sought details on a Lexis Nexis contract and reasons for alleged missing judgments; the General Registry disclosed a redacted 2017 contract while denying the existence of legislation services or reports on missing judgments.

Key Facts

• A contractual agreement exists between The Treasury and Relx (UK) Limited trading as Lexis Nexis dated 21 December 2017 for the production of Manx Law Reports.
• The General Registry is not aware of any 'Lexis Nexis legislation services' and does not engage Lexis Nexis for them.
• No policy, procedure, filenote, or report exists explaining a lack of uploaded judgments, and the authority asserts judgment publication numbers are consistent or increased.
• Personal data and commercial information regarding costs, charges, and volume numbers were redacted from the released contract.
• The authority cited upcoming procurement processes as a reason to withhold specific financial details to ensure competitive tendering.

Data Disclosed

• 21 December 2017
• 9 April 2024
• 17 June 2024
• 2011
• 3787922
• section 13
• section 39
• section 30

Exemptions Cited

• Section 39 (Personal data)
• Section 30 (Commercial interests)

Original Request

Please supply any and all information related to Lexis Nexis legislation services and Isle of Man law such as the existence of a procurement contract or negotiated subscription discount, the contract, payments, presales and contract related emails to/from Lexis Nexis and any published or unpublished policy or procedure or filenote or report that could explain why a worrying percentage of judgments have not been uploaded to the judgments website in recent years inconsistent with earlier years given a website reference to what appears to imply an exclusive content contract on Manx law reports from 2011.

Data Tables (1)

Full Response Text

M ####

General Registry Oik- Recortyssee Chief Registrar
Stuart Quayle

Isle of Man Courts of Justice Deemsters Walk, Bucks Road Douglas, Isle of Man IM1 3AR

Telephone:
(01624) 685979 Email: DPO- GenReg@gov.im

Our ref: 3787922 17 June 2024

Dear M. ####

We write further to your request, received 9 April 2024, which states:

"Please supply any and all information related to Lexis Nexis legislation services and Isle of Man law such as the existence of a procurement contract or negotiated subscription discount, the contract, payments, presales and contract related emails to/from Lexis Nexis and any published or unpublished policy or procedure or filenote or report that could explain why a worrying percentage of judgments have not been uploaded to the judgments website in recent years inconsistent with earlier years given a website reference to what appears to imply an exclusive content contract on Manx law reports from 2011."

We informed you that pursuant to section 13 of the Act, the period for responding to your request would be extended because we were considering the application of a qualified exemption to the information you requested.

Our response to your request is as follows:

In answering your request we enclose herewith a copy of a contractual agreement between The Treasury and Relx (UK) Limited trading as Lexis Nexis dated 21 December 2017 for the production of the Manx Law Reports (the “Contract”).

We are not aware of any ‘Lexis Nexis legislation services’ and the General Registry does not engage Lexis Nexis for the same.

Having reviewed the information we hold, we consider that two qualified exemptions apply. Firstly, the Contract and any pre-contract correspondence contains personal data of which you are not the data subject and the processing of which we consider would cause damage or distress. Accordingly, such personal data has been redacted in accordance with section 39 of the Act.

Secondly, the Contract and pre-contract correspondence contains information which, if disclosed would, or would be likely to, prejudice the commercial interests of the General Registry. As such the General Registry will apply an exemption pursuant to section 30 of the Act. In particular, the services covered by the Contract will be due to be put out to procurement in accordance with the Government’s Financial Regulations in the not too distant future. The disclosure of certain information from the Contract and its formation will, or would likely, hamper the General Registry’s ability to conduct a competitive procurement process for the most competitive cost for the General Registry.

Whilst the General Registry believe it could apply this exemption to the entire Contract and pre-contract correspondence, it is accepted that a section 30 exemption is subject to a public interest test. Having considered the same, the General Registry is content to release the Contract with suitable redaction. This redaction includes the costs and charges together with Contract specific information such as the number of volumes to be produced and various key dates for, for example, the supply of first drafts to review. The release of this information at the present time would most likely prejudice the General Registry’s ability to secure the best price and services.

Any service like this should be open to commercial competition, there being a number potential local businesses and several off-island who might wish to tender for the provision in the future. The General Registry’s ability to obtain the best financial outcomes from a tender process require a level starting position for all potential tenderers. If the costs for this Contract are released and are made publicly available this will provide an indication to all potential providers and is likely to reduce the General Registry’s ability to obtain best value for money.

The General Registry is however content to release the wider Contract.

No such ‘published or unpublished policy or procedure or filenote or report that could explain why a worrying percentage of judgments have not been uploaded to the judgments website in recent years’ exists. Furthermore, the assertions made is incorrect. As the General Registry’s Annual Report shows the General Registry publishes a consistent, if not increased, number of judgments on its website.

Please quote the reference number 3787922 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely

FOI Co-ordinator