Office of The Advisory Committee On Businesses Appointments (Central Government): ICO 15 Oct 2019

The complainant has requested a copy of all communications between the Advisory Committee on Business Appointments (ACOBA) and Boris Johnson concerning his appointment as columnist at The Telegraph. ACOBA withheld the requested information under sections 36(2)(b) and (c) and 40(2) of the FOIA. The Commissioner is satisfied that the requested information is exempt from disclosure under section 36 of the FOIA and that the balance of the public interest supports maintaining the exemption.
FOI 36: Complaint not upheld

Citations:

[2019] UKICO fs50795901

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.643510

London School of Economics and Political Science (Education): ICO 26 Nov 2021

The complainant has requested the names of the examiners who examined the then-Miss Tsai Ing-wen (now President of Taiwan) for her PhD and the report from her viva. The Council of the London School of Economics and Political Science denied holding the requested information. The Commissioner’s decision is that, on the balance of probabilities, the LSE does not hold the requested information. The Commissioner does not require further steps. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/073 under appeal.
FOI 1: Complaint not upheld

Citations:

[2021] UKICO ic-109451

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.675120

Sussex Police (Police and Criminal Justice): ICO 14 Oct 2022

The complainant requested copies of emails relating to a specific email account of a senior officer containing the words ‘drone’, ‘Gatwick’, and ‘witness’ between certain dates. Sussex Police refused the request citing that the information would be withheld citing section 30 (1) (a) (investigations and proceedings) and section 40(2) (personal information) of FOIA. The Commissioner has upheld the exemption of the information under section 30 of FOIA.
FOI 10: Complaint upheld FOI 30(1): Complaint not upheld

Citations:

[2022] UKICO 160903

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.683126

Royston Town Council (Local Government): ICO 20 Oct 2021

The complainant has requested that Royston Town Council (the council) provide information on the outcome of an investigation into the conduct of a particular employee. The Commissioner’s decision is that the council correctly relied on section 40(5B)(a)(i) of the FOIA to refuse to confirm or deny whether it held information falling within the scope of the request. The Commissioner does not require the council to take any steps as a result of this decision notice.
FOI 40(5B)(a)(i): Complaint not upheld

Citations:

[2021] UKICO ic-79683

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.675034

Knight v Keech: 1738

Citations:

[1738] EngR 487, (1688-1710, 1738) Holt KB 53, (1738) 90 ER 927 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Transport

Updated: 20 December 2022; Ref: scu.385880

Aspinall v Duckworth: 23 Feb 1866

A testator bequeathed a fund to his nephew A. and the children of his late sister B, as tenants in common ; but, in case any died before the testator leaving issue, his share was not to ‘lapse,’ but go to his executors as part of his personal estate. Three of the children of B. died before the testator and left no issue. Held, that there was no lapse, but that the whole went to the other members of the class.

Citations:

[1866] EngR 107, (1866) 35 Beav 307, (1866) 55 ER 914

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 20 December 2022; Ref: scu.280818

Gale v Mottram: 1733

Debt upon an Arbitration Bond

Citations:

[1733] EngR 30, (1733) Kel W 127, (1733) 25 ER 527

Links:

Commonlii

Jurisdiction:

England and Wales

Arbitration

Updated: 20 December 2022; Ref: scu.386979

Milton Keynes Council (Local Government): ICO 14 Dec 2021

The complainant requested information with regard to missing emails and attempts to recover them. Milton Keynes Council disclosed held information. The Commissioner’s decision is that the Council has disclosed all the information it held within the scope of the request. The Commissioner does not require the Council to take any steps.
FOI 1: Complaint not upheld

Citations:

[2021] UKICO ic-64773

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.675245

London Borough of Bromley (Local Government): ICO 3 Mar 2022

The complainant requested information from the London Borough of Bromley about specified contracts. The London Borough of Bromley has failed to respond to this request. The Commissioner requires the London Borough of Bromley to provide the complainant with a response to this request in accordance with its obligations under FOIA. The London Borough of Bromley must take these steps within 35 calendar days of the date of this decision notice.
FOI 10: Complaint upheld

Citations:

[2022] UKICO ic-155607

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.674962

West of England Combined Authority (Local Government): ICO 5 Oct 2022

The complainant has requested information from the West of England Combined Authority (‘WECA’) regarding expenses claims and full copies of declarations/registers of interests for WECA Mayor Dan Morris. WECA provided the complainant with some information, however it redacted the remainder, advising that it is the Mayor’s address and therefore is personal data. The Commissioner’s decision is that WECA was correct to withhold the requested information, as it is personal data. However, it should have cited section 40(2) of FOIA. As it did not cite which exemption of FOIA it was relying on, WECA has breached section 17 of FOIA as the refusal notice was not issued correctly. The Commissioner does not requires the public authority to take any steps as a result of this decision notice.
FOI 17: Complaint upheld FOI 40(2): Complaint not upheld

Citations:

[2022] UKICO 167256

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 20 December 2022; Ref: scu.683152

In The Goods of Thomas Vanhagen: 1828

A paper having an attestation clause in the plural number, but only one witness and the date of the year written on an erasure (on affidavit of the executor to a recognition and from the attesting witness to the time and probate of such paper, in common form, decreed, though one of four persons entitled in distribution refused to consent ; but had entered no caveat.

Citations:

[1828] EngR 137, (1828) 1 Hag Ecc 478, (1828) 162 ER 650 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Contract

Updated: 20 December 2022; Ref: scu.322901

In The Goods Of Lieutenant-Colonel Read: 1828

The Court at Madras – the competent jurisdiction – having granted probate to the widow as universal legatee and constructive executrix of an informal paper, in which character no security is required : this Court, considering that under the circumstances the widow may be called on to prove the paper per testes, or that the grant may be appealed from, will only decree administration with the paper annexed to her, as relict and principal legatee, on giving security.

Citations:

[1828] EngR 127, (1828) 1 Hag Ecc 474, (1828) 162 ER 649 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 20 December 2022; Ref: scu.322891

DB Symmetry Ltd and Another v Swindon Borough Council: SC 14 Dec 2022

Is it lawful for a planning authority in granting planning permission for a development to impose a planning condition that the developer will dedicate land within the development site to be a public highway?

Judges:

Lord Reed, President, Lord Hodge, Deputy President, Lord Kitchin, Lord Sales, Lady Rose

Citations:

[2022] UKSC 33

Links:

Baillii, Bailii Press Summary, Bailii – Press Summary

Jurisdiction:

England and Wales

Planning

Updated: 20 December 2022; Ref: scu.683908

Regina v Ibrar: CACD 3 Apr 2014

Appeals against conviction consequent upon a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, on the basis that significant material has come to light capable of undermining the credibility of the complainant.

Citations:

[2014] EWCA Crim 953

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 12 December 2022; Ref: scu.526507

Nottingham Building Society v Eurodynamics Systems plc: CA 1995

Dictum at first instance approved.

Citations:

[1995] FSR 605

Jurisdiction:

England and Wales

Citing:

Appeal from – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .

Cited by:

Mentioned – Nugent v Nugent ChD 20-Dec-2013
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 12 December 2022; Ref: scu.519749