Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014
Allowed [2018] UKFTT 2017 – 0204 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.617033
[2014] UKFTT EA – 2013 – 0175 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521546
Dismissed [2014] UKFTT EA – 2013 – 0071 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521544
s.40(2) personal information [2014] UKFTT EA – 2013 – 0248 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521557
[2014] UKFTT EA – 2013 – 0187 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521547
Dismissed [2014] UKFTT EA – 2013 – 0116 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521553
[2014] UKFTT EA – 2013 – 0160 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521548
Dismissed [2014] UKFTT EA – 2013 – 0089 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521545
Dismissed [2014] UKFTT EA – 2013 – 0177 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521559
FTTGRC FOIA S.42(1) – Whether requested information was subject to legal professional privilege. EIR Reg. 12(5)(b) – Whether disclosure would adversely affect the course of justice. [2014] UKFTT EA – 2013 – 0189 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521551
[2014] UKFTT EA – 2013 – 0136 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521537
[2014] UKFTT EA – 2013 – 0124 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521541
[2014] UKFTT EA – 2011 – 0225 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521540
Dismissed [2014] UKFTT EA – 2013 – 0130 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521530
[2013] UKFTT EA – 2013 – 0025 (GRC Bailii Freedom of Information Act 2000 12 14 England and Wales Information Updated: 28 November 2021; Ref: scu.519457
Dismissed :Freedom of Information Act 2000 – Whether information held [2013] UKFTT EA – 2013 – 0146 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 28 November 2021; Ref: scu.519455
[2013] UKFTT EA – 2013 – 0158 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 26 November 2021; Ref: scu.517996
Vexatious or repeated requests [2013] UKFTT EA – 2013 – 0061 (GRC Bailii Freedom of Information Act 2000 14 England and Wales Information Updated: 26 November 2021; Ref: scu.517965
[2013] UKFTT EA – 2012 – 0217 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 26 November 2021; Ref: scu.517890
[2013] UKFTT EA – 2012 – 0143 (GRC Bailii Jury Updated: 26 November 2021; Ref: scu.517828
[2013] UKFTT EA – 2012 – 0160 (GRC Bailii Information Updated: 26 November 2021; Ref: scu.517814
[2013] UKFTT 2012 – 0239 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 19 November 2021; Ref: scu.514739
[2013] UKFTT 2013 – 0088 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 19 November 2021; Ref: scu.514740
[2013] UKFTT 2012 – 0217 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 14 November 2021; Ref: scu.512026
Allowed – Qualified exemption [2015] UKFTT 2014 – 0320 (GRC) Bailii Freedom of Information Act 2000 22 England and Wales Information Updated: 12 November 2021; Ref: scu.644202
Dismissed s.41 Absolute exemption: Confidential information s.23 Absolute exemption: Information supplied by, or relating to, bodies dealing with security matters s.37(1)(a) to (ad) Absolute exemption: Communications with the Sovereign, Heir to Throne and next in line s.40 Absolute exemption: Personal data s.41 Information provided in confidence s.35(1)(c) Qualified exemption: Advice by Law Officers s.37(1) Qualified … Continue reading Cross v Information Commissioner: FTTGRC 7 Jan 2016
The complainant has requested information relating to meetings of the Governing Body and other administrative information relating to Cottesloe School (the School). The School provided the complainant with information in response to the request however it did not provide a set of Governing Body minutes dated 1 December 2011 as these had not been authorised … Continue reading Cottesloe School (Decision Notice) FS50442149: ICO 26 Apr 2012
The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
For the reasons set out, the Public Authority was not obliged to comply with the Complainant’s request for information by reason of sections 14(1) and 14(2) of the Freedom of Information Act 2000. No action is required by the Public Authority. [2011) UKFTT EA – 2010 – 0203 Bailii Freedom of Information Act 2000 1 … Continue reading Lampert v Information Commissioner and Financial Services Authority: FTTGRC 7 Jun 2011
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
Dismissed [2015] UKFTT 2014 – 0270 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 11 November 2021; Ref: scu.548067
Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013
Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009
The claimant sought disclosure of the names of officials of the Financial Services Authority who had dealt with his complaint. He now appealed against reversal of an order that they be disclosed. Held: The appeal failed. The court approved the Information Commissioner’s Office Data Protection Techinical Guidance which said: ‘It is important to remember that … Continue reading Edem v The Information Commissioner and Another: CA 7 Feb 2014
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
Information Rights Section 30(1)(a)(i) of Freedom of Information Act – exemption from disclosure for information held for the purpose of a criminal investigation (ascertaining whether a person should be charged with a criminal offence) – Schedule 7 to the Terrorism Act 2000 – detention and questioning under Schedule 7 not per se a criminal investigation … Continue reading Edward Williams v Information Commissioner;, Chief Constable of Kent Police (Information Rights): UTAA 21 Jun 2021
The claimant journalist had made a freedom of information request to the Charity Commission as to its investigations of a charity under section 8 of the 1993 Act. The Commission claimed absolute exemption under section 32(2). He now appealed against rejection of his application by the Information Tribunal as to most of the material sought. … Continue reading Kennedy v Information Commissioner: Admn 19 Jan 2010
UTAA Tribunal procedure and practice (including UT) – statements of reasons – The public authority was entitled to rely on section 14(1) and to conclude that the request dated 29 May 2010 was vexatious within the meaning of FOIA. The Decision Notice stands.Wikely UTJ said: The common theme underpinning section 14(1), at least insofar as … Continue reading Information Commissioner v Dransfield: UTAA 28 Jan 2013
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Dismissed . .
Dismissed . .
Dismissed . .
Dismissed . .
Dismissed . .
Allowed . .
Dismissed . .
Part Allowed . .
Dismissed . .
Dismissed . .
Allowed . .
Dismissed . .
Dismissed . .
. .
. .
Allowed . .
Allowed . .
Law enforcement s.31 . .
The claimant had sought his personal data as to a communication between the defendant and the coroner holding the inquest into the claimant’s wife’s death. . .
The complainant has requested information about how the Parliamentary and Health Service Ombudsman (PHSO) handles complaints. The PHSO provided the complainant with some information in response to this request but confirmed that it did not hold any . .
References: [2013] UKFTT EA_2013_0014 (GRC Links: Bailii Ratio: Last Update: 14-Oct-16 Ref: 517939
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
ICO The complainant made requests to Lancashire Fire and Rescue Service for copies of communications relating to its handling of a complaint he submitted against the Chair of Lancashire Combined Fire Authority. He also requested details of all expenses the Chair had claimed over a period of nine years. The public authority refused the requests … Continue reading Lancashire Fire and Rescue Service (Decision Notice): ICO 28 Jun 2011
The complainant made 26 sets of requests for information under the Freedom of Information Act 2000 concerning the treatment of her late mother. The public authority replied to some of the requests, but believed sections 14(1) [vexatious requests] and 14(2) [repeated requests] applied to most of them and so it did not answer them. The … Continue reading Imperial College Healthcare NHS Trust (Decision Notice): ICO 22 Mar 2011
ICO The complainant requested information from Taunton Deane Borough Council (‘the Council’) relating to documents leading to a claim made in an email that smoke detectors were required in bedrooms at a particular address. The Council refused to comply with the request on the grounds that it considered it to be vexatious under section 14 … Continue reading Taunton Deane Borough Council (Decision Notice): ICO 20 May 2009
ICO The complainant made a request to Richmond Adult Community College (the ‘College’) on 26 March 2009 for minutes of meetings for the year 2007. The College refused the request for information as it deemed the request vexatious under section 14 of the Act and furthermore stated that to comply with the request would exceed … Continue reading Richmond Adult Community College (Decision Notice): ICO 26 Apr 2010
The complainant requested from Creech St Michael Parish Council (‘the council’) a copy of a recording made at a meeting when the sale of an area of land known as Merlyn’s Copse was discussed. The council initially relied on the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (‘the EIR’) to withhold the … Continue reading Creech St Michael Parish Council (Local Government (Parish Council)): ICO 23 Feb 2015
The complainant requested various items of information relating to railway sleepers placed along one edge of an access road into a car park owned by Eynsford Parish Council (‘the council’). The council said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Information Commissioner’s decision is … Continue reading Eynsford Parish Council (Local Government (Parish Council)): ICO 23 Mar 2015
The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The complainant made an information request to the Ministry of Justice regarding the implementation of the Freedom of Information Act 2000 and the conduct of civil servants. The public authority deemed the request vexatious and relying on section 14 of the Act refused to meet the request. In investigating the MoJ’s handling of the request, … Continue reading Ministry of Justice (Decision Notice): ICO 3 Dec 2009
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because … Continue reading Gaddafi v Telegraph Group Ltd: CA 28 Oct 1998
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004
The complainant asked for permission to visit the Council’s archives and ‘have access to, research and make copies’ of all documents relating to the transfer of property previously owned by the former Lyme Regis Town Council to West Dorset District Council. The Council refused the request on the basis that it considered it to be … Continue reading West Dorset District Council (Decision Notice): ICO 2 Jun 2011
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The complainant asked the public authority for all recorded information held about a charity he managed. The public authority provided some information initially and at the internal review stage, but withheld other information under sections 31, 40 and 41 of the Freedom of Information Act 2000 (‘the Act’). After the Commissioner’s intervention the public authority … Continue reading Charity Commission (Decision Notice): ICO 15 May 2007
The complainant made a request under the Freedom of Information Act 2000 to Ordnance Survey (OS) for information relating to ‘Geoid Model OSGM05’ and Ordnance Survey’s policy on answering technical questions. OS provided the complainant with some information relevant to the scope of the request but confirmed that no further information was held. The complainant … Continue reading Ordnance Survey (Decision Notice): ICO 8 Jun 2011
The complainant requested information relating to a particular property where he had been a tenant, the condition of which had been investigated by the Reading Borough Council. The council applied an exemption under the Freedom of Information Act 2000 relating to investigations. The Commissioner did not find it necessary to consider the application of the … Continue reading Reading Borough Council (Decision Notice): ICO 23 Jan 2012
The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012
The complainant requested the issue date of a specific version of a document known as the ‘Correspondence Manual’ from the Student Loans Company. This was refused as the SLC believed the request was made as part of an old case which it considered to be closed. When the complainant made it clear this was a … Continue reading Student Loans Company Ltd (Decision Notice) (FS50346909): ICO 28 Mar 2011
The complainant requested information concerning the word processing software and the document scanning equipment used by the Student Loans Company in 2007. This was refused by the public authority under section 14(1) of the Freedom of Information Act 2000. The Commissioner finds that the SLC was correct to refuse the request as vexatious. Section of … Continue reading Student Loans Company Ltd (Decision Notice) (FS50351891): ICO 28 Mar 2011
ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur … Continue reading eDate Advertising GmbH v X: ECJ 25 Oct 2011
The complainant asked a series of questions about named employees of the CPS. The request was for, amongst other things, details of the disciplinary and criminal records of named individuals; the previous employment history of a named individual; the ethnicities of named individuals involved in a disciplinary case; and the gender and ethnicities of complainants … Continue reading Crown Prosecution Service (Decision Notice): ICO 29 Jun 2011
Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether the test was as to whether there was a ‘predominant’ use … Continue reading British Broadcasting Corporation v Sugar and Another: Admn 2 Oct 2009
All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013
(French Text) Members of an environmental group sought access to the original project documents lodged with a government department. They wanted to compare the plans with revised plans which were currently the subject of an environmental assessment. The Ministry refused access to the documents. The group applied to the court, relying on article 10. Held: … Continue reading Matky v Czech Republic: ECHR 10 Jul 2006
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012
The CPS was asked to provide information about its civil recovery functions under the Proceeds of Crime Act 2002. It refused, citing the exemption at section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner concluded that whilst section 35(1)(a) was engaged by the information, the public interest did not support withholding the information … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Jun 2010
The complainant engaged in a lengthy correspondence with the Crown Prosecution Service (CPS) from February 2005 to September 2007 as part of a complaint he was pursuing. The correspondence contained a large number of requests, made under the Freedom of Information Act 2000 (the Act), to which the CPS provided a variety of responses. The … Continue reading Crown Prosecution Service (Decision Notice): ICO 3 Aug 2009
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use. Held: BHB controlled the market, and by threatening to terminate the licence of the claimant had abused that … Continue reading Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999
The complainant originally submitted a request to the Crown Prosecution Service the public authority for information relating to a trial during 1997 and 1998. This was refused under the exemptions at sections 30 (criminal proceedings) and 40 (personal information) of the Freedom of Information Act 2000. He subsequently made a refined request which the public … Continue reading Crown Prosecution Service (Decision Notice): ICO 31 Aug 2010
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
The complainant submitted a two-part request to Hastings Borough Council (the council) for certain information which it had received from a particular geotechnical company. The council confirmed that it did not hold information relevant to part 1 of the complainant’s request. It then went on to refuse part 2 of the request, referring to a … Continue reading Hastings Borough Council (Local Government) IC-52107: ICO 26 Mar 2021
The complainant has requested various information relating to the development of a crematorium. North Somerset Council refused the request as vexatious under section 14(1) of the Freedom of Information Act 2000, but subsequently informed the Commissioner that the request would fall under the Environmental Information Regulations 2004, and as such, sought to refuse the request … Continue reading North Somerset Council (Local Government): ICO 12 Sep 2019
The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that … Continue reading Hampshire County Council (Local Government): ICO 24 Mar 2021