London Borough of Enfield (Local Government): ICO 21 Oct 2022

The complainant requested from London Borough of Enfield (the Council) information relating to the Council’s PSI Asbestos Management System. The Council stated it does not hold the information requested. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold the requested information. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.
FOI 1(1)(a): Complaint not upheld

Citations:

[2022] UKICO 153322

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.683034

Colour Quest Ltd and Others v Total Downstream UK Plc and Others: ComC 22 Apr 2009

Judges:

Mr Justice David Steel

Citations:

[2009] EWHC 823 (Comm), [2010] 2 Costs LR 140

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Principal judgment – Colour Quest Ltd and others v Total Downstream UK Plc and others (Rev 1) ComC 20-Mar-2009
The claim arose when a petrol spillage created a large vapour cloud which exploded causing widespread damage and injury. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 31 December 2022; Ref: scu.341206

Kumar, Rex v: CACD 13 Oct 2022

Single offence of causing serious injury by dangerous driving – 18 months

Judges:

Lady Justice Whipple DBE

Citations:

[2022] EWCA Crim 1577

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 31 December 2022; Ref: scu.683747

West Hampshire Clinical Commissioning Group (Health): ICO 16 Oct 2019

The complainant requested information on a continuing care review report. The West Hampshire Clinical Commissioning Group (the CCG) disclosed information during the Commissioner’s investigation and confirmed that it did not hold any further information. The complainant considered that more information must be held. The Commissioner’s decision is that, on the balance of probabilities, the CCG does not hold any further information within the scope of the request. The Commissioner does not require the CCG to take any steps.
FOI 1: Complaint not upheld

Citations:

[2019] UKICO fs50835152

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.643526

Thomas How Lynn v Thomas Kerridge, Executor of Mary Kerridge, The Widow, Who Was Executrix of Samuel Kerridge, The Testator, William Spidal, And Sarah His Wife And Others: 15 Nov 1737

A testator after disposing of his real estate, and giving a general legacy of pounds 100, gives all his moneys not otherwise by his will disposed of to his younger children, and the residue of his personal estate to his wife. Under the word ‘moneys,’ East India stock passes to the children.

Citations:

[1737] EngR 184, (1737) West T Hard 172, (1737) 25 ER 880

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 31 December 2022; Ref: scu.386673

Heath Lambert Ltd v Sociedad De Corretaje De Seguros and Another: ComC 14 Oct 2003

Judges:

Jonathan Hirst QC

Citations:

[2003] EWHC 2269 (Comm), [2004] 1 Lloyd’s Rep 495

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Heath Lambert Limited v Sociedad De Corretaje De Seguros, Banesco Seguros Ca CA 25-Jun-2004
Out of various claims under insurances, one claim, for the payment of a premium on a policy of reinsurance remained. It provided that it was payable 90 days after the contract and in cash.
Held: The words indicated that the obligation to pay . .
Lists of cited by and citing cases may be incomplete.

Insurance, Jurisdiction

Updated: 31 December 2022; Ref: scu.201725

London Borough of Waltham Forest (Local Government): ICO 25 Oct 2022

The complainant has requested contract and fees information concerning the management of hire of a local park for a market. London Borough of Waltham Forest disclosed some of the information held but withheld some of the information under section 43(2) of the FOIA (prejudice to commercial interests). The Commissioner’s decision is that London Borough of Waltham Forest correctly withheld the relevant information under section 43(2) and that the public interest favours maintaining the exemption.
FOI 43(2): Complaint not upheld

Citations:

[2022] UKICO 112596

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.683047

City of Bradford Metropolitan District Council (Local Government): ICO 19 Nov 2019

The complainant requested a copy of the minutes of an adult safeguarding board meeting and a list of the attendees. City of Bradford Metropolitan District Council originally provided a redacted version of the minutes but subsequently provided all the information within the scope of the request. The Commissioner’s decision is that the Council failed to provide all the information it held within the scope of the request within 20 working days and therefore breached section 10 of the FOIA. The Commissioner does not require further steps.
FOI 10: Complaint upheld

Citations:

[2019] UKICO fs50842602

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.650278

Leadbetter, Executrix v Markland, Administratrix: 1746

Attachment of privilege, though informal, being returnable on a general return, is a sufficient commencement of an action to avoid the Statute of Limitation.

Citations:

[1746] EngR 310, (1746-1779) 2 Black W 1131, (1746) 96 ER 667

Links:

Commonlii

Jurisdiction:

England and Wales

Limitation

Updated: 31 December 2022; Ref: scu.380698

North Norfolk District Council (Local Government): ICO 20 Oct 2022

The complainant requested correspondence between North Norfolk District Council (the ‘council’) and specific town councillors. The Commissioner’s decision is that the council has correctly applied the provisions of section 40(2) to withhold the requested information. The Commissioner does not require the council to take any steps.
FOI 40(2): Complaint not upheld

Citations:

[2022] UKICO 172938

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.683082

John Doe, On The Several Demises Of Richard Henry Tolson, Thomas Akenhead Ward, And William Cockburn v John Sanderson Fisher: PC 1828

The opinion of a judge directing the Plaintiff in an action to be nonsuited if it does not appear on the record, cannot be questioned in a writ of error. The Plaintiff, if he intends to bring a writ of error on the ground of misdirection, in point of law, should not, submit to be nonsuited but appear, and put the judge to express such opinion, by way of diminution to the jury; and thereupon tender a. bill of exceptions to the judge, and procure his signature thereto.

Citations:

[1828] EngR 150, (1828) 2 Bligh NS PC 9, (1828) 4 ER 1033

Links:

Commonlii

Jurisdiction:

Commonwealth

Litigation Practice

Updated: 31 December 2022; Ref: scu.322914

Torbay Council (Local Government): ICO 26 Oct 2022

The complainant requested from Torbay Council information in relation an independent review concerning a Tree Preservation Order. Torbay Council disclosed some of the information but withheld the remainder under Regulation 12(5)(b) of the EIR. The Commissioner’s decision is that Torbay Council has correctly applied Regulation 12(5)(b) of the EIR to the remainder of the requested information and the public interest is balanced in favour of withholding it. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
EIR 12(5)(b): Complaint not upheld

Citations:

[2022] UKICO 182078

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.683132

Department for Education (Central Government): ICO 1 Jul 2022

The complainant requested copies of correspondence exchanged with the London Borough of Sutton. The Department for Education disclosed some information but relied on section 36 (prejudice to the effective conduct of public affairs) and section 40 of FOIA (third party personal data) to withhold the remainder. The Commissioner’s decision is that the DfE is entitled to rely on section 36(2)(b)(ii) of FOIA to withhold the remaining information and that the balance of the public interest favours maintaining the exception. The Commissioner does not require further steps.
FOI 36: Complaint not upheld FOI 40: Complaint not upheld

Citations:

[2022] UKICO 123853

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.679934

Nuneaton and Bedworth Borough Council (Local Government): ICO 1 Oct 2019

The complainant requested correspondence from Nuneaton and Bedworth Borough Council (‘the Council’) relating to a specific planning application. The Council withheld the information under regulation 12(4)(d) of the EIR – material in the course of completion – and/or regulation 12(4)(e) of the EIR – internal communications. The Commissioner’s decision is that the two exceptions are engaged; however, the balance of the public interest favours disclosure of the information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: disclose the withheld information, subject to paragraph 55 of this notice.
EIR 12(4)(d): Complaint upheld EIR 12(4)(e): Complaint upheld

Citations:

[2019] UKICO fer0820871

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.643509

Imperial College Healthcare NHS Trust (Health): ICO 2 Nov 2022

The complainant requested information from Imperial College Healthcare NHS Trust (‘the Trust’) relating to job applications and ethnicity background data of applicants. By the date of this notice the Trust had not issued a substantive response to this request. The Commissioner’s decision is that the Trust has breached section 10(1) of FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Trust must provide a substantive response to the request in accordance with its obligations under FOIA. The Trust must take this step 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 FOIA and may be dealt with as a contempt of court.
FOI 10: Complaint upheld

Citations:

[2022] UKICO 196040

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 31 December 2022; Ref: scu.683171

KK v FYC: FD 15 Sep 2014

Application by a married couple, who are of Asian origin, but British citizens, to adopt a young man, now aged nine and a half, who has lived with them, effectively, for his whole life.

Judges:

Holman J

Citations:

[2014] EWHC 3111 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Adoption

Updated: 28 December 2022; Ref: scu.537592

Lewis, Regina v: CACD 5 Dec 2013

The appellant was to be tried at the Crown court, facing one either way offence and other summary offences. The indictable offence was withdrawn. He now said that the Crown Court had not had jurisdiction to proceed.
Held: Once an indictment was correctly preferred and signed, it remain valid.

Judges:

McCombe LJ, Griffith Williams J, Judge Goss QC

Citations:

[2013] EWCA Crim 2596, [2014] WLR(D) 38, [2014] 1 Cr App R 25, [2014] 1 WLR 2027

Links:

Bailii, WLRD

Statutes:

Criminal Justice Act 1988 40

Jurisdiction:

England and Wales

Criminal Practice

Updated: 28 December 2022; Ref: scu.535474

Mohamed and Another v Secretary of State for The Home Department: CA 2 May 2014

The claimants were suspected of terrorism and subject to control orders and terrorism prevention and investigation measures. They brought proceedings for abuse of process relating to the manner in which they had been removed to the United Kingdom from Somaliland
Held: They were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment.

Judges:

Maurice Kay, Sullivan, Briggs LJJ

Citations:

[2014] EWCA Civ 559, [2014] 1 WLR 4240, [2014] 3 All ER 760, [2014] WLR(D) 187

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 28 December 2022; Ref: scu.525118