Click the case name for better results:

Robertson and Aberdeenshire Council: SIC 19 Nov 2009

Mr Neil D. Robertson requested from Aberdeenshire Council (the Council) a copy of the Stable and Acute 2007 (SA07) risk assessment tool. The Council responded by advising Mr Robertson that it was withholding the document in terms of section 30(c) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr Robertson remained … Continue reading Robertson and Aberdeenshire Council: SIC 19 Nov 2009

Rule and Scottish Ministers: SIC 16 Nov 2009

Mr Rule requested from the Scottish Ministers (the Ministers) copies of correspondence between the First Minister’s Office and specified governments (and departments thereof) from May 2007. In response, the Ministers released some information but withheld the remainder under section 32(1)(a)(i) and (iii) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr … Continue reading Rule and Scottish Ministers: SIC 16 Nov 2009

Lloyd and Scottish Court Service: SIC 16 Jan 2008

Request for information regarding action taken in respect of two websites – withheld on the basis of sections 30(b), 38(1)(b) and 39(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) – Commissioner found the SCS was entitled to refuse to disclose some of the information [2008] ScotIC 007 – 2008 Bailii Scotland Information Updated: … Continue reading Lloyd and Scottish Court Service: SIC 16 Jan 2008

Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009

Mr Jamie Hepburn MSP (Mr Hepburn) requested from North Lanarkshire Council (the Council) the numbers of correspondence items received from individual MSPs, MPs and MEPs over a specified period of time. The Council withheld the information under the exemption in section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA), which allows public authorities … Continue reading Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009

Colin Mcleod and Dundee City Council: SIC 4 Sep 2013

SIC Failure to respond to requirement for review – This decision considers whether Dundee City Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made by Mr McLeod. [2013] ScotIC 195 – … Continue reading Colin Mcleod and Dundee City Council: SIC 4 Sep 2013

Hamilton and East Dunbartonshire Council: SIC 29 Aug 2013

This decision considers whether East Dunbartonshire Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Ms Rona Hamilton (Ms Hamilton). [2013] ScotIC 191 – 2013 Bailii Scotland Information Updated: 21 November 2021; Ref: scu.516072

Pattullo and Angus Council: SIC 16 Jul 2009

Mr Pattullo requested information from Angus Council (the Council) concerning the closure or merger of schools. The Council withheld this information under the exemptions in section 30(b) and (c) of the Freedom of Information (Scotland) Act 2002 (FOISA), on the basis that disclosure would be likely to inhibit free and frank exchanges of views or … Continue reading Pattullo and Angus Council: SIC 16 Jul 2009

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

Marckx v Belgium: ECHR 13 Jun 1979

Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979

The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Scott v Scott: HL 5 May 1913

Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017