ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee

Citations:

5386/20, [2022] ECHR 974

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 January 2023; Ref: scu.682629

The complainant made multiple information requests to the North East Combined Authority (‘the NECA’) relating to the Tyne Tunnels. The NECA refused the request under section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the requests are vexatious and therefore the NECA was entitled to rely upon section 14(1) of FOIA to refuse them.
FOI 14(1): Complaint not upheld

Citations:

[2022] UKICO 145685

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683080

The complainant has requested information relating to the history or records of a legal file. The Commissioner’s decision is that Swansea Council (‘the Council’) has correctly applied section 42 of FOIA and does not require the public authority to take any steps.
FOI 42: Complaint not upheld

Citations:

[2022] UKICO 182088

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683128

The complainant requested from the Valuation Office Agency (VOA) information relating to the UPRN (Unique Property Reference Number) and UARN (Unique Address Reference Number) for addresses that are available to view in the public domain. The VOA refused the request under section 44(1)(a) (prohibitions on disclosure) of FOIA. The Commissioner’s decision is that the VOA is entitled to rely on section 44(1)(a) of FOIA to withhold the requested information. Therefore, the Commissioner does not require the VOA to take any steps as a result of this decision.
FOI 44(1)(a): Complaint not upheld

Citations:

[2022] UKICO 166841

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683146

The hauliers had exercised a lien over the goods it was carrying, releasing them only when provsion was made for payment. The claimants now sought damages for the exercise of the lien which it said was unlawful. The claimant issued a contract, but the defendant’s standard terms (on invoices and notes) incorporated the standard conditions of carriage which provided for a lien. The parties had contracted before, and the lien was used to recover payments due from other shipments.
Held: Though the haulier had failed to import his conditions into the hauliage contract as such, the terms set by the hirer applied only to the delivery, and at the point of storage, the hauliers terms, with the lien, applied.

Citations:

[2007] EWHC 611 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Cowey v Liberian Operations Ltd 1966
A unilateral notification by one party to the other, in the absence of agreement, cannot constitute a variation of a contract. . .
Cited – Re Anziani 1930
Maugham J considered what law applied when a transfer of the title to goods was asserted: ‘I do not think that anyone can doubt that, with regard to the transfer of goods, the law applicable must be the lex situs. Business could not be carried on if . .
Cited – Glencore International AG v Metro Trading International Inc and others ComC 1-Aug-2001
Under English conflicts of laws rules the transfer of title to movable property is governed by the law of the place where the property is situated.
Moore-Bick J commented obiter on a dictum of Millett J in Macmillan: ‘However, if the lex situs . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 21 January 2023; Ref: scu.250613

The complainant has requested information relating to the number of days Professor Whitty, Chief Medical Officer (CMO) and Professor Jonathan Van-Tam (DCMO) worked in their offices. The Commissioner’s decision is that Department of Health and Social Care (DHSC) correctly applied section 38(1) FOIA – health and safety, to withhold parts 2 and 3 of the requested information. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 38: Complaint not upheld

Citations:

[2021] UKICO ic-89009

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675079

The complainant requested information relating to particular footpaths between specified dates. Shropshire Council (the ‘Council’) provided some information and ultimately said that no further information was held. The Commissioner’s decision is that the Council was correct to handle this request under the EIR for the reasons set out in this notice. He also finds that, on the balance of probabilities, the Council does not hold any further information within the scope of the request. No steps are required as a result of this notice.
EIR 5(1): Complaint not upheld

Citations:

[2021] UKICO ic-95733

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675264

The complainant submitted a request to the Ministry of Defence (MOD) seeking the estimated annual revenue costs of the joint logistics support base and regional land training hub at Duqm, Oman for the next five years. The MOD confirmed that it held the information sought by the request but considered this to be exempt from disclosure on the basis of sections 27(1)(a) and (d) (international relations) and 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure on the basis of sections 27(1)(a) and (d) and that in all the circumstances of the request the public interest favours maintaining the exemptions.
FOI 27: Complaint not upheld

Citations:

[2022] UKICO 118163

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683063

Whether the court can refuse to accept undertakings which a party has agreed to give to the Court as part of a settlement of a civil claim.

Judges:

The Honourable Mr Justice Nicklin

Citations:

[2022] EWHC 3011 (KB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 21 January 2023; Ref: scu.683812

Citations:

[2022] UKAITUR PA027812020

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682572

Judges:

Gloster DBE J

Citations:

[2006] EWHC 1443 (Comm), [2007] 1 Lloyd’s Rep 629

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Petromec Inc v Petroleo Brasileiro S A Petrobras and others ComC 18-Feb-2003
. .
See Also – Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec Inc, Petro-Deep Inc, Maritima Petroleo E Engenharia Ltda QBD 2-Feb-2004
The parties entered into a complex group of inter-related contracts for the purpose of purchasing and upgrading an oil production platform for use by Petrobras in the South Marlim oilfield. At a very early stage it was agreed that the upgrade . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras, Braspetro Oil Services Company, Societa Armamento Navi Appoggio Spa, Den Norske Bank Asa CA 17-Feb-2004
. .
See Also – Petromec Inc v Petroleo Brasileiro SA Petrobrasbraspetro Oil Services etc ComC 20-May-2004
. .
See Also – Petromec Inc Petro-Deep Inc and others v Petroleo Brasileiro Sa and others CA 15-Jul-2005
. .
See Also – Petroleo Brasileiro SA and Another v Petromec Inc and others ComC 3-Nov-2005
. .

Cited by:

Cited – Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA HL 1979
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras CA 19-Jul-2006
A Mr Efremovich, a third party to the action was ordered to pay the costs of Petrobras and Brasoil which on the failure of its claim against them had been ordered to be paid by Petromec. The judge found that Mr Efromovich controlled the proceedings . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others ComC 7-Dec-2006
. .
See Also – Petromec Inc v Petrobras ComC 11-May-2007
Defendant’s application for security for costs. . .
See Also – Petromec Inc v Etroleo Brasileiro Sa Petrobras and others ComC 6-Jul-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro SA Petrobras and others CA 21-Dec-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others CA 23-Jan-2008
Short order. . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 21 January 2023; Ref: scu.242580

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee

Citations:

49297/18, [2022] ECHR 967

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 January 2023; Ref: scu.682632

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee

Citations:

79217/17, [2022] ECHR 959

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 January 2023; Ref: scu.682601

Judges:

Langley J

Citations:

[2007] EWHC 965 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 21 January 2023; Ref: scu.251655

The complainant requested from the Education Authority Northern Ireland a copy of an investigation report in respect of an alleged injury to a child at a specified school on a specified date. The Education Authority Northern Ireland refused to confirm or deny whether it held the requested information under section 40(5) FOIA. The Commissioner’s decision is that the Education Authority Northern Ireland correctly applied section 40(5) FOIA. The Commissioner requires no steps to be taken.
FOI 40(5): Complaint not upheld

Citations:

[2022] UKICO ic-123888

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.674952

The complainant requested information from the Home Office about Operation Pelican. By the date of this notice the Home Office had not issued a substantive response to this request. The Commissioner’s decision is that the Home Office has failed to complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of the FOIA. Having confirmed that information is held within the scope of the request the Commissioner requires the Home Office to either disclose the requested information or issue a refusal notice in accordance with the requirements of section 17 of the FOIA.
FOI 17(3): Complaint upheld

Citations:

[2021] UKICO ic-140124

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675232

The complainant has requested administerial information from various courts, regarding several proceedings in the family courts. The Ministry of Justice (the MOJ) refused to comply with request citing section 14(1) (vexatious request) of FOIA. The Commissioner’s decision is that: The request is vexatious and therefore the MOJ has correctly applied section 14(1). The Council failed to comply with section 17 of FOIA by not issuing its refusal notice within 20 working days. The Commissioner does not require the MOJ to take any further steps.
FOI 17: Complaint upheld FOI 14(1): Complaint not upheld

Citations:

[2022] UKICO 174252

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683072

Devise of lands to the use of A. for life, with remainder to the use of the children of A, as tenants in common, in tail, with benefit of survivorship, with remainders over.

Citations:

[1828] EngR 142, (1828) 2 Y and J 243, (1828) 148 ER 909

Links:

Commonlii

Jurisdiction:

England and Wales

Land, Insolvency

Updated: 21 January 2023; Ref: scu.322906

The complainant has requested information relating to a grant provided to a specific firm. The Welsh Government relied on section 43 (commercial interests) and section 40(2) of the FOIA (third party personal data) to withhold the information. The Commissioner’s decision is that the Welsh Government has correctly applied section 40(2) to withhold one document, but that it has failed to demonstrate why section 43(2) is engaged and is thus not entitled to rely on that exemption to withhold information. The Commissioner requires the Welsh Government to take the following steps to ensure compliance with the legislation: disclose, to the complainant, documents 1, 2 and 3. It may redact the signatures, phone numbers and email addresses contained therein.
FOI 43: Complaint upheld FOI 40(2): Complaint not upheld

Citations:

[2019] UKICO fs50841454

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.643525

The complainant has made a series of requests for a variety of information. Liverpool University Hospitals NHS Foundation Trust’s final position was that it wished to rely on section 14 to refuse one request and to rely on regulation 12(5)(b) – course of justice – and regulation 12(5)(e) – commercial confidentiality – of the EIR in order to withhold the remaining information. The Commissioner’s decision is that requests 1, 2 and 4 should have been dealt with under the EIR. However, having done so, the Trust was entitled to rely on regulation 12(5)(b) of the EIR in the manner that it has done and the balance of the public interest favours withholding the information. The Trust was also entitled to rely on regulation 12(5)(e) of the EIR to withhold some, but not all of the information it initially withheld. The Commissioner finds that request 3 was vexatious and therefore the Trust was entitled to rely on section 14(1) of FOIA and Regulation 12(4)(b) of the EIR to refuse it. Finally, for the reasons set out below, the Trust breached regulations 5(2) and 14 of the EIR as well as section 17(5) of FOIA in responding to the requests. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation – if it has not already done so at the date of this notice: Disclose to the complainant, copies of the documents it identified to the Commissioner as documents 20, 22 and 23. The Trust may make the redactions to these documents that it has suggested to the Commissioner.
FOI 17: Complaint upheld EIR 12(4)(b): Complaint not upheld EIR 12(5)(b): Complaint not upheld FOI 14: Complaint not upheld EIR 14: Complaint upheld EIR 5(2): Complaint upheld EIR 12(5)(e): Complaint partly upheld

Citations:

[2022] UKICO 141289

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683021

Citations:

[2022] UKAITUR IA010702020

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682534

Judges:

Colman J

Citations:

[2006] EWHC 1055 (Comm)

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Arbitration

Updated: 21 January 2023; Ref: scu.241757

The complainant requested information from City of York Council (‘the Council’) relating to an investigation into the exonerated Deputy Leader. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must issue a substantive response to the request in accordance with its obligations under the FOIA. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld

Citations:

[2019] UKICO fs50879913

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.650281

Judges:

Sir Ross Cranston

Citations:

[2022] EWHC 3044 (Admin)

Links:

Bailii

Statutes:

Commons Act 2006 38

Jurisdiction:

England and Wales

Planning

Updated: 21 January 2023; Ref: scu.683565

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee

Citations:

29308/18, [2022] ECHR 965

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 January 2023; Ref: scu.682628

To a declaration in trover by an administrator, alleging the grant of letters of administration to the plaintiff and that the defendant knowing the goods to have been the property of the intestate in his lifetime, and of the plaintiff as administrator since his death, afterwards, and after the death of the intestate, to wit, on, and co., converted the same goods, a plea of not guilty of the premises within six years is bad upon special demurrer.

Citations:

[1828] EngR 155, (1828) 8 B and C 285, (1828) 108 ER 1049

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 21 January 2023; Ref: scu.322919

Judges:

Mr Justice Foxton

Citations:

[2022] EWHC 3053 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Equity, Trusts

Updated: 21 January 2023; Ref: scu.683593

Citations:

[2022] UKAITUR HU148952019

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682525

Citations:

[2022] UKAITUR PA112602019

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682580

Judges:

Colman J

Citations:

[2005] EWHC 15 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice

Updated: 21 January 2023; Ref: scu.222942

The complainant has requested the call logs for calls made and received by the Chief Executive of Coventry City Council on specified days. The council withheld some information on the basis of section 40(2) (personal information), and denied holding some information. The Commissioner’s decision is that Coventry City Council were correct to withhold some information on the basis of section 40 and that, on the balance of probabilities, the council is not holding any further information in scope of the request. The Commissioner does not require any steps.
FOI 40: Complaint not upheld FOI 1: Complaint not upheld

Citations:

[2021] UKICO ic-74096

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675065

Allowed

Citations:

[2020] UKFTT 2019 – 0031 (GRC)

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.653229

Suggestions as to how the Court and practitioners might ensure that meetings between the Judge and P, during proceedings, are conducted most effectively and enhance the participation of P.

Citations:

[2022] EWCOP 5, [2022] COPLR 305, [2022] 1 WLR 1445

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 21 January 2023; Ref: scu.675293

Two concurring verdicts, no ground to refuse a new trial.

Citations:

[1767] EngR 74, (1767) 4 Burr 2108, (1767) 98 ER 100 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 21 January 2023; Ref: scu.374853

The complainant submitted an information request to Suffolk County Council (‘the Council’) relating to the classification of information in reference to a catalogue listing for a set of local records. The Council refused to fully comply with the request citing section 12 (cost limit). The Commissioner’s decision is that that the Council has failed to demonstrate that section 12(2) is engaged. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: Issue a fresh response to the request that does not rely upon section 12(2) of FOIA.
FOI 12: Complaint upheld

Citations:

[2022] UKICO 141168

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683120

Judges:

Burton J

Citations:

[2008] EWHC 2791 (Comm), [2009] 1 Lloyd’s Rep 213, [2008] 2 CLC 687, [2009] 1 All ER (Comm) 568

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Arbitration

Updated: 21 January 2023; Ref: scu.277868

1. The complainant requested information from Babergh and Mid Suffolk District Councils (‘the Council’) relating to objections to the proposed diversion of a footpath, specifically the names of objectors. 2. The Council refused to provide the requested information, citing regulation 13 (personal information) of the EIR. 3. The Commissioner’s decision is that the Council correctly applied regulation 13 to the withheld information so does not require any steps to be taken. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0330 under appeal.
EIR 13: Complaint not upheld

Citations:

[2021] UKICO ic-113998

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.674987

The complainant requested information relating to the Government’s consideration of the case for reform to bereavement damages. The Ministry of Justice (MoJ) provided some information within the scope of the request but refused to disclose the remainder, citing section 35(1)(a) (formulation of government policy etc) of FOIA. The Commissioner’s decision is that the withheld information is exempt from disclosure on the basis of section 35(1)(a) and that, in all the circumstances of the case, the public interest favours maintaining the exemption. The Commissioner requires no steps to be taken as a result of this decision.
FOI 35: Complaint not upheld

Citations:

[2022] UKICO 136047

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683068

The complainant has requested video recordings and/or written transcripts of any interviews Surrey Police conducted with Jimmy Savile. Surrey Police said it had transcribed the interview it held with Savile and it referred him to redacted copies that are in the public domain. It refused the remainder of the request under section 14(1) of FOIA, on the grounds it was vexatious due to burden. It also argued that, in the event section 14 did not apply, the information was also exempt under section 38 (Health and safety) of FOIA. During the Commissioner’s investigation, Surrey Police confirmed that it did not hold any video recording of the interview it had conducted with Savile in 2009 (it only held an audio tape). The Commissioner’s decision is that, on the balance of probabilities, Surrey Police does not hold the remaining information specified in the request. The Commissioner requires no steps as a result of this decision.
FOI 1: Complaint not upheld FOI 45: Complaint upheld

Citations:

[2022] UKICO 137214

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683123

Request for information regarding 11+ tests. Council made a partial disclosure and cited s43, s41 and s40 of FOIA to withhold the remainder. The Council breached sections 10 and 17 of FOIA by failing to respond and to provide a refusal notice within 20 working days.
FOI 17: Complaint upheld FOI 43: Complaint not upheld FOI 10: Complaint upheld FOI 40: Complaint not upheld

Citations:

[2022] UKICO 137952

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683026

Judges:

Lord Justice Underhill

Citations:

[2022] EWCA Civ 1659

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Health

Updated: 21 January 2023; Ref: scu.683996

The complainant requested information relating to the payment, by a third party, of court fees. The Ministry of Justice (MoJ) neither confirmed nor denied holding the requested information. The Commissioner’s decision is that the MoJ was entitled to rely on section 40(5B) (personal information) of FOIA to refuse to confirm or deny whether any information was held. The Commissioner requires no steps to be taken as a result of this decision.
FOI 40: Complaint not upheld

Citations:

[2022] UKICO 162525

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683071

The complainant has requested a murder file from the Metropolitan Police Service (the ‘MPS’). The MPS would ‘neither confirm nor deny’ (NCND) holding the information citing sections 30(3) (Investigations and proceedings), 31(3) (Law enforcement), 38(2) (Health and safety) and 40(5) (Personal information) of FOIA. The Commissioner’s decision is that the MPS was not entitled to rely on the exemptions cited. The Commissioner requires the MPS to confirm or deny whether the requested information is held. If information is held, it should either be disclosed or the MPS should issue a fresh refusal notice in compliance with section 17 FOIA.
FOI 31: Complaint upheld FOI 40: Complaint upheld FOI 30: Complaint upheld FOI 38: Complaint upheld

Citations:

[2022] UKICO 162912

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683179

The complainant has requested contact details and information on the handling of evidence of fraudulent trading at Companies House (‘CH’). The Commissioner’s decision is that, on the balance of probabilities, CH does not hold recorded information within the scope of the revised request. The Commissioner finds a procedural breach of section 1 FOIA as CH did not recognise the initial request as a valid request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
FOI 1: Complaint partly upheld

Citations:

[2021] UKICO ic-52284

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675000

Reference by AG – 3 years for sexual assaults on wife

Judges:

Lady Justice Carr DBE

Citations:

[2022] EWCA Crim 992

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 21 January 2023; Ref: scu.683744

Judges:

Walker J

Citations:

[2007] EWHC 2843 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 21 January 2023; Ref: scu.272535

The complainant has requested a copy of correspondence from the Metropolitan Police (the MPS) to the FBI regarding a historical murder. The Commissioner’s decision is that, on the balance of probabilities the requested information is not held by MPS. However, the Commissioner finds that the MPS breached section 10(1) of FOIA as it failed to provide its response to the request within the statutory timeframe of 20 working days. The Commissioner does not require the MPS to take any steps.
FOI 10: Complaint upheld FOI 1: Complaint not upheld

Citations:

[2022] UKICO 154461

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683059

The complainant has requested information relating to the Coronavirus Mitigation Group (‘CMG’). University College London (‘UCL’) disclosed the majority of the information requested but refused to provide the minutes of the CMG meetings and the matters discussed, citing section 36(2)(b)(i) and 36(2)(b)(ii) and 36(2)(c) (prejudice to the effective conduct of public affairs) of FOIA. The Commissioner’s decision is that the withheld information engages section 36(2)(b)(i) and 36(2)(b)(ii) and the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any steps.
FOI 36(2)(b)(i): Complaint not upheld FOI 36(2)(b)(ii): Complaint not upheld

Citations:

[2022] UKICO 161172

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683137

Part 7 Finance Act 2004 – DOTAS provisions – notifiable arrangements – section 308 FA 2004 – duties of promoter – whether duty to notify arises on each implementation of notifiable arrangements or on awareness of the first transaction implementing the notifiable arrangements

Citations:

[2022] UKUT 353 (TCC)

Links:

Bailii

Statutes:

Finance Act 2004

Jurisdiction:

England and Wales

Taxes Management

Updated: 21 January 2023; Ref: scu.684013

The complainant requested information from the London Borough of Waltham Forest (the London Borough) concerning a gas purchasing consortium. The Commissioner’s decision is that the London Borough failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
FOI 10: Complaint upheld

Citations:

[2020] UKICO fs50873225

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.651379

The executors having died in the deceased’s lifetime, a joint limited administration, with the will of a married woman under a power annexed, granted to five residuary legatees, to whom a similar grant had been made at York, the forum domicilii, and who were all parties to a suit in Chancery.

Citations:

[1828] EngR 133, (1828) 1 Hag Ecc 682, (1828) 162 ER 718 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Equity, Wills and Probate

Updated: 21 January 2023; Ref: scu.322897

The complainant has requested from Oldham Metropolitan Borough Council information relating to the number of injunctions that had been issued on its behalf against residents in the borough between two dates. The Council withheld the requested information under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Council was entitled to withhold the requested information under section 40(2). The Commissioner does not require the Council to take any steps.
FOI 40(2): Complaint not upheld

Citations:

[2021] UKICO ic-114479

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675028

Day being given to the Mayor and Aldermen of London, to shew cause why a mandamus should not go to the mayor and aldermen to swear Papilion and Dubois sheriffs.

Citations:

[1728] EngR 312, (1728) Skin 64, (1728) 90 ER 31 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 21 January 2023; Ref: scu.388645

Judges:

Costs Judge James

Citations:

[2022] EWHC 2845 (SCCO)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 21 January 2023; Ref: scu.683287

A share of the produce of real and persona1 estate directed to be sold was given to a fame sole for her life, ‘and after her decease to her heirs, as she shall give it by will, and if she die without leaving a will, to her right heirs for ever.” Held, that ‘right heirs ‘ was to be construed as ‘executors and administrators.’

Citations:

[1866] EngR 145, (1866) 35 Beav 535, (1866) 55 ER 1004

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 21 January 2023; Ref: scu.280856

The complainant requested information about out of hours calls to deal with safeguarding matters. Middlesbrough Council (the Council) initially stated that it did not hold the information requested. At the time of its internal review the Council disclosed some of the information requested and stated that other information was not held. The Commissioner’s decision is that the Council breached section 10 in its handling of the request. The Commissioner does not require any steps to be taken.
FOI 10: Complaint upheld

Citations:

[2022] UKICO 144012

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683061

Citations:

[1728] EngR 414, (1728) Skin 70, (1728) 90 ER 34 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 21 January 2023; Ref: scu.388747

Citations:

[2022] UKAITUR EA049512021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682500

Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 18, paragraphs 1 and 3 – Annex III, point 3, point b) – Risk-based approach – Risk assessment performed by obliged entities – Identification of risks by Member States and obliged entities – Customer due diligence measures – Enhanced due diligence measures – Third countries presenting a high risk of bribery – Article 13(1)(c) and (d) – Proof and documentation requirements incumbent on obliged entities – Article 14(5) – Ongoing customer monitoring incumbent on obliged entities – Publication of decisions establishing a sanction

Citations:

[2022] EUECJ C-562/20, ECLI:EU:C:2022:883

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Rodl and Partner (Opinion) ECJ 12-May-2022
. .
Lists of cited by and citing cases may be incomplete.

Financial Services

Updated: 21 January 2023; Ref: scu.684014

Citations:

[2010] UKUT 398 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Transport

Updated: 21 January 2023; Ref: scu.433561

The complainant has requested information from the BBC relating to cancellations of TV licences. The BBC disclosed some of the requested information, but refused to disclose the remainder, citing section 22 (information intended for future publication) as a basis for non-disclosure. The Commissioner’s decision is that the BBC has correctly applied the above exemption to the withheld information and therefore she requires no steps to be taken.
FOI 22: Complaint not upheld

Citations:

[2019] UKICO fs50848802

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.650221

Citations:

[2022] UKAITUR HU023992021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682513

The complainant has requested information relating to a proposed industrial poultry unit at Footbridge Farm. The Commissioner’s decision is that Shropshire Council has failed to respond to the request within 20 working days and has therefore breached Regulation 5(2) of the Environmental Information Regulations. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Issue a substantive response, under the EIR, to the request. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
EIR 5(2): Complaint upheld

Citations:

[2021] UKICO ic-127527

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675035

Judges:

District Judge Eldergill

Citations:

[2022] EWCOP 1

Links:

Bailii

Jurisdiction:

England and Wales

Health

Updated: 21 January 2023; Ref: scu.675290

Application for a worldwide freezing order to enforce arbitration award. Disputed sale of ship.

Judges:

David Steel J

Citations:

[2007] EWHC 1630 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 21 January 2023; Ref: scu.258418

Claim under refund guarantee.

Citations:

[2008] EWHC 1979 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Banking

Updated: 21 January 2023; Ref: scu.272540

Judges:

Mr Richard Siberry QC

Citations:

[2005] EWHC 829 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance

Updated: 21 January 2023; Ref: scu.226008

Judges:

Humphreys J

Citations:

[2022] NIQB 19

Links:

Bailii

Jurisdiction:

Northern Ireland

Police

Updated: 21 January 2023; Ref: scu.683428

Citations:

[2022] UKAITUR HU005482021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682510

Assessment of damages in respect of a claim brought by Mr Peter Brown against his former employers.

Judges:

His Honour Judge Blair KC

Citations:

[2022] EWHC 3004 (KB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 21 January 2023; Ref: scu.683806

DLA, AA, MA: general – severe behavioural problems

Citations:

[2010] UKUT 201 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 21 January 2023; Ref: scu.423196

Citations:

[2022] UKAITUR PA012442021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682569

The claimants sought damages from the defendant bank, saying that they had been induced by a fraudster to pay money into accounts at the bank, and claimed in dishonest assistance.

Judges:

Walker J

Citations:

[2007] EWHC 2819 (Comm), [2008] 2 CLC 770

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and others ComC 21-Feb-2008
. .
See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and others CA 6-Jun-2008
Renewed application for leave to appeal. . .
At ComC – SO v Hsbc Bank Plc and Another CA 3-Apr-2009
Etherton LJ held that ultimately the decision as to whether there is vicarious liability ‘is a conclusion of law based on primary facts rather than a simple question of fact’. . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 21 January 2023; Ref: scu.375123

Application for pre-action disclosure.

Judges:

Tomlinson J

Citations:

[2006] EWHC 1136 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 21 January 2023; Ref: scu.242316

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking declassification of a document concerning the political situation in Italy in 1947 . The FCO sought to withhold the requested information on the basis of section 23(1) (security bodies) or, in the alternative, section 24(1) (national security) of FOIA. The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of section 23(1) or section 24(1) of FOIA.
FOI 24: Complaint not upheld FOI 23: Complaint not upheld

Citations:

[2019] UKICO fs50849902

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.650294

Citations:

[2022] UKAITUR HU020672021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682512

Reasons for strike out of claim

Judges:

The Honourable Mr Justice Morison

Citations:

[2005] EWHC 263 (Comm )

Links:

Bailii

Jurisdiction:

England and Wales

Banking

Updated: 21 January 2023; Ref: scu.223082

Citations:

[2022] UKAITUR EA105032021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682505

The complainant submitted a request to Civil Nuclear Constabulary (‘CNC’) requesting information relating to relating to UFO/UAP incidents over the past 70 years. CNC refused to disclose the requested information, citing section 12(1) of FOI as a basis for non-disclosure, however it later changed its position and stated that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, CNC does not hold the requested information. The Commissioner does not require further steps.
FOI 1: Complaint not upheld

Citations:

[2022] UKICO ic-106431

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.674945

The complainant has requested information from Royal Free Hospital NHS Foundation Trust (the Trust) in relation to naso-gastric feeding. The Trust confirmed that it did not hold information falling within the scope of the request under section 1(1)(a) FOIA. The Commissioner’s decision is that the Trust does not hold any information falling within the scope of the request under section 1(1)(a) FOIA. However the Trust breached section 10(1) FOIA in the handling of this request as it failed to respond within the statutory time for compliance. The Commissioner does not require the Trust to take any remedial steps.
FOI 10: Complaint upheld FOI 1: Complaint not upheld

Citations:

[2022] UKICO 161991

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683104

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee

Citations:

79256/17, [2022] ECHR 960

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 January 2023; Ref: scu.682610

The complainant requested information relating to different aspects of a planning application. By the date of this notice the Council had not issued a substantive response to this request. The Commissioner’s decision is that the Council has breached regulation 5(2) of EIR in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. – The Council must provide a substantive response to the request in accordance with its obligations under EIR.
EIR 5(2): Complaint upheld

Citations:

[2022] UKICO 196190

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683174

The complainant requested information from Maidstone Borough Council (‘the Council’) relating to a letter they had received from the Council. The Council denied holding the requested information. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold the requested information. The Commissioner does not require the Council to take any steps.
FOI 1: Complaint not upheld

Citations:

[2022] UKICO 168385

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683049

The complainant has requested information from the Metropolitan Police Service (the ‘MPS’) about a certain criminal threshold and why an action taken by a named individual did not meet that threshold. The MPS refused to confirm or deny whether it held information regarding this, citing the exemptions at sections 40(5) (Personal information), 30(3) (Investigations and proceedings) of FOIA. The Commissioner’s decision is that the MPS was entitled to rely on section 40(5) of the FOIA to issue a neither confirm nor deny response. Therefore he did not consider the MPS’ application of section 30(3) of FOIA to the requested information. No steps are required.
FOI 40: Complaint not upheld

Citations:

[2022] UKICO ic-47322

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.674967

The complainant requested information relating to an arrest for drone use at Aintree racecourse, specifically the offence details and the amount of money seized. Merseyside Police initially refused the request citing various subsections of section 30 of FOIA, (the exemption for investigations and proceedings conducted by public authorities). Following an internal review, Merseyside Police maintained that section 30 applied, but also cited section 21 (information accessible to applicant by other means) and section 40 (personal information). Both sections 21 and 40 of FOIA were cited for part of the requested information, namely the specific offence the individuals were arrested for. For the reasons set out in this notice, the Commissioner’s decision is that neither section 21 nor section 40 is engaged. Of the subsections in section that were cited, only 30(1)(a)(i) was engaged. In that respect, the Commissioner considers, for the sum of money seized, that the balance of the public interest favours maintaining the exemption. However, in relation to the offence committed, the balance of the public interest favours disclosure of this part of the request. The Commissioner requires Merseyside Police to take the following step to ensure compliance with the legislation: Disclose the offence details for which the arrests were made. Merseyside Police must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 21: Complaint upheld FOI 40: Complaint upheld FOI 30: Complaint partly upheld

Citations:

[2022] UKICO 133003

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683056

Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders

Citations:

[2021] UKFTT CHI – 18UC – HMF

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.673016

Citations:

[2022] UKAITUR PA000352021

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 21 January 2023; Ref: scu.682565

ECHR Judgment : Article 14+P1-2 – Prohibition of discrimination : Fourth Section

Citations:

64480/19, [2022] ECHR 935

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 January 2023; Ref: scu.682622

The complainant has requested information held by Cherwell District Council (the council) relating to a building control application for a particular housing development. The Commissioner’s decision is that regulation 5(3) of the EIR applies to certain parts of the request, as it is the complainant’s own personal data. With regard to the remaining parts of the request, the Commissioner is satisfied that, on the balance of probabilities, the council has provided the complainant with all the information that it holds. However, as some of the information was only provided to the complainant after the intervention of the Commissioner, and not within the required 20 working days, the council has breached regulation 5(2) of the EIR.
EIR 5(3): Complaint not upheld EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld

Citations:

[2021] UKICO ic-69455

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.675060

The complainant has requested Transport for London (TfL) to disclose a breakdown of costs for paid for and sponsored digital advertisements. TfL refused to comply with the request citing section 12 of FOIA (cost limit). The Commissioner’s decision is that TfL is entitled to refuse to comply with the complainant’s request in accordance with section 12 of FOIA. He is also satisfied that TfL complied with section 16 of FOIA and provided reasonable advice and assistance to the complainant.
FOI 12: Complaint not upheld FOI 16: Complaint not upheld

Citations:

[2022] UKICO ic-103290

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.674929

The public authority has failed to respond to this request within 20 working days, as specified in the EIR. The Commissioner requires it to provide the complainant with a response to this request within 35 calendar days in accordance with its obligations under the EIR.
EIR 5(2): Complaint upheld

Citations:

[2022] UKICO 191919

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.683031

The complainant requested information from East Hampshire District Council (‘the Council’) about a 2008 decision of the Planning Inspector in relation to the terms of a section 106 agreement. The Council considered the request under the EIR. The Commissioner’s decision is that the Council, in informing the complainant that it did not hold any further recorded information falling within the scope of the request, as explained in this notice, correctly refused the request under regulation 12(4)(a) of the EIR, and complied with the requirements of regulation 9 – advice and assistance. The Commissioner does not require the Council to take any steps.
EIR 12(4)(a): Complaint not upheld EIR 9: Complaint not upheld

Citations:

[2019] UKICO fs50821434

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 21 January 2023; Ref: scu.650292

Rating – Rateable Property – Preliminary Issue – Whether Stables In Separate Ownership From A House Were An Appurtenance Belonging To or Enjoyed With the house – section 66(1)(b), Local Government Finance Act 1988 – ownership not determinative – part of hereditament was domestic property – appeal allowed in part

Citations:

[2022] UKUT 237 (LC)

Links:

Bailii

Statutes:

Local Government Finance Act 1988 66(1)(b)

Jurisdiction:

England and Wales

Land

Updated: 21 January 2023; Ref: scu.683779

Judges:

His Honour Judge Tindal

Citations:

[2022] EWHC 3125 (KB)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 21 January 2023; Ref: scu.683819

Judges:

Simler LJ

Citations:

[2022] EWCA Civ 1595

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Torts – Other

Updated: 21 January 2023; Ref: scu.683785

The question for the court is whether a pursuer’s offer in terms of chapter 34A of the Rules of the Court of Session can be lodged and given effect to in the Inner House.

Citations:

[2018] ScotCS CSIH – 79, 2019 SLT 89, 2019 SC 243, 2019 GWD 1-7, 2019 SCLR 666

Links:

Bailii

Jurisdiction:

Scotland

Litigation Practice

Updated: 21 January 2023; Ref: scu.634445

Judges:

Lord Carloway, the Lord President

Citations:

[2020] ScotCS CSIH – 7, 2020 SLT 303, 2020 SCLR 723, 2020 GWD 7-102, 2020 Rep LR 89

Links:

Bailii

Jurisdiction:

Scotland

Professional Negligence

Updated: 21 January 2023; Ref: scu.659053

Appeal against a decision of the Lands Tribunal finding that there is an inaccuracy in the Land Register which should be rectified in favour of the respondent. The issue is whether the appellants were ‘proprietors in possession’ of land in terms of section 9(3) of the Land Registration (Scotland) Act 1979, thus preventing any rectification in the absence of their consent.

Judges:

Lord Carloway, the Lord President

Citations:

[2018] ScotCS CSIH – 81, 2019 GWD 1-10, 2019 SC 261, 2019 SCLR 358, 2019 SLT 127

Links:

Bailii

Jurisdiction:

Scotland

Registered Land

Updated: 21 January 2023; Ref: scu.634450