ICO The complainant requested information from Chelmsford City Council regarding the rental of Hylands Park for the V Festival. The council provided some information regarding earlier years however it refused to provide more recent information using the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 relating to commercial confidences. The Commissioner’s decision is … Continue reading Chelmsford City Council (Decision Notice): ICO 14 Jan 2013
In March 2005 the complainant requested information from Network Rail under the Data Protection Act 1998 regarding flooding adjacent to a railway line. Network Rail refused the request under the Data Protection Act and did not treat it as a request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations … Continue reading Network Rail (Decision Notice) FER0087031: ICO 26 Jul 2006
ICO The complainant requested information relating to the independent valuation of a number of properties. The valuations had been obtained because the Council wished to purchase the properties as part of a redevelopment scheme. The Council refused to provide the information, citing the exclusions under section 12(1), 14(1) and 14(2). It also sought to rely … Continue reading Hartlepool Borough Council (Decision Notice): ICO 16 May 2011
ICO The complainant requested legal advice received by the public authority concerning the possible diversion of a footpath. The public authority refused this request, citing the exemption provided by section 42(1) (legal professional privilege) of the Freedom of Information Act 2000. The Commissioner finds that the information requested is environmental and so the request should … Continue reading Gateshead Council (Decision Notice): ICO 7 Apr 2011
The complainant requested information about the deployment of the British Indian Ocean Territory fishery protection/patrol vessel, the Pacific Marlin, over a specified period. He later made an associated request under the Environmental Information Regulations 2004 asking what steps had been taken by the BIOT to disseminate environmental information such as that in his original request. … Continue reading Foreign and Commonwealth Office (Decision Notice) FS50413563: ICO 6 Nov 2012
The complainant requested information from the London Borough of Merton (the council) concerning a contract. The council disclosed the information with the exception of some that it considered was excepted under regulation 12(5)(e) of the Environmental Information Regulations 2004 (the EIR), the exception relating to commercial confidences. The Commissioner’s decision is that the council correctly … Continue reading Merton London Borough Council (Decision Notice) FER0428392: ICO 26 Apr 2012
ICO The complainant requested information from the London Borough of Merton (the council) concerning a contract. The council disclosed the information with the exception of some that it considered was excepted under regulation 12(5)(e) of the Environmental Information Regulations 2004 (the EIR), the exception relating to commercial confidences. The Commissioner’s decision is that the council … Continue reading Merton London Borough Council (Decision Notice) FS50428141: ICO 26 Apr 2012
ICO (Decision Notice) The complainant has requested a copy of a review ordered by Ministers in the Department for Communities and Local Government (DCLG) into the management of the revocation of the Regional Spatial Strategies (RSS), and any correspondence, documents and/or meeting notes related to the preparation and consideration of the review. The DCLG applied … Continue reading Department for Communities and Local Government: ICO 16 Jan 2012
The complainant requested information about the deployment of the British Indian Ocean Territory fishery protection/patrol vessel, the Pacific Marlin, over a specified period. He later made an associated request under the Environmental Information Regulations 2004 asking what steps had been taken by the BIOT to disseminate environmental information such as that in his original request. … Continue reading Foreign and Commonwealth Office (Decision Notice) FS50436500: ICO 6 Nov 2012
ICO The complainant requested information from Manchester City Council (‘the council’) about any Traffic Regulation Orde (‘TROs’) in place on Peter Street in Manchester City Centre relating to parking and no loading dual purpose bays. The complaint also requested any internal correspondence or works orders regarding signage of the dual purpose bays. The council disclosed … Continue reading Manchester City Council (Decision Notice): ICO 22 May 2013
The complainant requested information from North Somerset Council (‘the council’) relating to the proposal to build a new crematorium. The council supplied some information but withheld other information using exceptions under the Environmental Information Regulations 2004 (‘the EIR’). The complainant asked the Commissioner to consider whether this information had been correctly withheld and also whether … Continue reading North Somerset Council (Decision Notice): ICO 26 Mar 2013
The complainant requested legal advice obtained by Brighton and Hove City Council (the council). The council withheld the information on the basis that it was covered by legal professional privilege and was therefore either exempt under section 42(1) of the Freedom of Information Act 2000 (the FOIA) or excepted under regulation 12(5)(b) of the Environmental … Continue reading Brighton and Hove City Council (Decision Notice): ICO 26 Mar 2013
The complainant made a request to the Local Government Ombudsman for information related to its investigation of a complaint he had previously made against Bolton Metropolitan Borough Council. The public authority refused to disclose the information under section 44 of the Act which provides an exemption from the right to know where disclosure is prohibited … Continue reading Local Government Ombudsman (Decision Notice): ICO 22 May 2007
ICO The applicant submitted a request to the public authority on 3 April 2005 for copies of the questionnaires it had received as part of the Thames Gateway Bridge public consultation. The public authority dealt with the request under the Freedom of Information Act 2000 and responded that it would be unable to supply all … Continue reading Transport for London (Decision Notice): ICO 29 Nov 2006
The complainant has requested information about the purchase of a named residential property by the council and was concerned that the council might not have achieved value for money in its purchases. The Commissioner’s decision is that the request for a survey report should have been handled under the Environmental Information Regulations 2004 (Statutory Instrument … Continue reading Blackpool Borough Council (Decision Notice): ICO 3 Dec 2012
The complainant has requested legal guidance held by the council relating to its application of vehicle weight restrictions to parts of the A36 for an 18 month trial period. The council refused the information on the grounds that the information was subject to legal professional privilege under section 42 of the Freedom of Information Act … Continue reading Bath and North East Somerset Council (Decision Notice): ICO 4 Apr 2012
ICO The complainant requested correspondence between HRH The Prince of Wales and Ministers at the public authority. The complainant also requested a list and schedule of the correspondence within the scope of his . .
The complainant requested various information regarding the decision to close the Berwyn Centre. Bridgend County Borough Council (BCBC) refused to comply with the request by virtue of regulation 12(4)(b) of the Environmental Information Regulations . .
The complainant has requested information on inspection visits and enforcement of Community Marketing Rules for Fresh Fruit and Vegetables at Yorkshire Produce Centre, Leeds. The Rural Payments Agency refused the request initially under the . .
The complainant has requested information on inspection visits and enforcement of Community Marketing Rules for Fresh Fruit and Vegetables at St. James’ Wholesale Market in Bradford. The Rural Payments Agency refused the request initially under the . .
The complainant requested information relating to three land parcels from the public authority. The Commissioner has determined that the requested information constitutes environmental information. Therefore the requests should have been processed . .
The complainant requested information from the public authority relating to reports prepared by the environmental health officers of Bridgend County Borough Council in respect of John Tudor and Sons, a large scale meat supplier based in the . .
The complainant requested information concerning an allotment plot from Fleetwood Town Council. The council withheld some information using section 42(1) of the Freedom of Information Act 2000 on the basis that it was subject to legal advice . .
The complainant requested copies of the legal advice received by Gloucestershire County Council relating to badger culling. The council refused to provide the information using section 42(1) of the Freedom of Information Act 2000. This exemption . .
The complainant requested a number of items relating to the maintenance of a septic tank serving his property and maintained by Bridgnorth District Council. The Council refused the request and cited the exemption under section 12 of the Freedom of . .
The complainant alleged that the charges for providing copies of a planning application were excessive. The Commissioner notes recent reductions in these charges and accepts that the Council has satisfied itself that its charges do not exceed a . .
The complainant requested information relating to a site at Heron Quays West from the London Borough of Tower Hamlets. Following the disclosure of some information, the only outstanding issue was the council’s decision to withhold information on the . .
The Complainant requested all information held by the council relating to planning activities and applications on a particular building from the council. The council provided access to the planning applications which were already in the public . .
The complainant requested the public authority’s legal advice in relation to two planning applications. The public authority refused to provide this information by citing the exception under Regulation 12(5)(b) of the Environmental Information . .
ICO Local government (Borough council)
The complainant has requested correspondence including emails, agendas, minutes and telephone notes between Waverley Borough Council and Crest Nicholson relating to . .
ICO The complainant requested information from the London Borough of Merton (‘the council’?) concerning a contract. The council disclosed the information with the exception of some that it considered was excepted . .
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SIC Installation of cavity wall insulation – On 20 October 2013, Ms Wilson asked the City of Edinburgh Council (the Council) for information relating to the proposed installation of cavity wall insulation at a specified address. The Council informed Ms Wilson that the request was manifestly unreasonable and the information was therefore excepted from disclosure … Continue reading Wilson v City of Edinburgh Council: SIC 2 May 2014
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
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003
SIC Risk Register for Edinburgh Tram Project: failure to respond within statutory timescales – On 15 February 2014, Mrs Bourne asked City of Edinburgh Council (the Council) for information about the detailed risk register for versions of the Business Cases from 2003 to 2011. This decision finds that the Council failed to respond to the … Continue reading Bourne v City of Edinburgh Council: SIC 18 Jun 2014
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000
Judges: Carnwath, Lloyd, Sullivan LJJ Citations: [2011] EWCA Civ 1606, [2012] PTSR 1299 Links: Bailii Statutes: Environmental Information Regulations 2004 Jurisdiction: England and Wales Citing: Appeal from – Defra v Information Commissioner and SB UTAA 26-Jan-2011 Information rights – Freedom of information – public authority response . . Cited by: Cited – Evans and Another, … Continue reading Birkett v The Department for The Environment, Food and Rural Affairs: CA 21 Dec 2011
Verification and recording of cockle fishing and landings – This decision considers whether the Solway Shellfish Management Association (the SSMA) complied with the technical requirements of the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made on behalf of Little Cumbrae Estate Limited. Citations: [2011] ScotIC 097 – 2011 Links: … Continue reading Little Cumbrae Estate Limited and Solway Shellfish Management Association: SIC 24 May 2011
SIC Mr Pearson requested from North Lanarkshire Council (the Council) a copy of a fee proposal submitted by a consultancy firm. The Council withheld the information under regulation 10(5)(e) of the Environmental Information (Scotland) Regulations 2004 (the EIRs). Mr Pearson remained dissatisfied and applied to the Commissioner for a decision. Following an investigation, the Commissioner … Continue reading Pearson v North Lanarkshire Council: SIC 22 Mar 2011
SIC Failure to respond to a request for review – This decision considers whether the City of Edinburgh 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 the Secretary of Fairmilehead Community … Continue reading Fairmilehead Community Council and City of Edinburgh Council: SIC 9 Feb 2011
Dispute over fees notice under the Environmental Information (Scotland) Regulations 2004 Citations: [2007] ScotIC 095 – 2007 Links: Bailii Jurisdiction: Scotland Information Updated: 31 August 2022; Ref: scu.434371
SIC This decision considers whether East Dunbartonshire 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 information request made by Ms Russell. Citations: [2011] ScotIC 191 – 2011 Links: Bailii Jurisdiction: Scotland Information Updated: 16 … Continue reading Russell and East Dunbartonshire Council: SIC 22 Sep 2011
The court considered the balancing of interests when making a disclosure order under the 2004 Regulations. Mitting J said: ‘the impression given . . is that the Tribunal did set up a hurdle or threshold of proof of actual particular harm which forms no part of the statutory test which I should apply. If I … Continue reading Export Credits Guarantee Department v Friends of the Earth: Admn 17 Mar 2008
The claimant sought to quash a planning decision on the basis that a screening decision had not been made. Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to have been signed, and the officer who formed the opinion was authorised. There was no … Continue reading Younger Homes (Northern) Ltd v First Secretary of State and Another: Admn 26 Nov 2003
For authority (redacted) Citations: [2019] ScotIC 021 – 2019 Links: Bailii Statutes: Environmental Information (Scotland) Regulations 2004 Jurisdiction: Scotland Information Updated: 23 June 2022; Ref: scu.635866
Cost of repairs/compensation claims – Clydeford Road, Cambuslang : Partially upheld Citations: [2019] ScotIC 022 – 2019 Links: Bailii Statutes: Environmental Information (Scotland) Regulations 2004 Jurisdiction: Scotland Information Updated: 17 June 2022; Ref: scu.635857
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003
The complainant requested a copy of the advice provided by the PSD to Ministers following PSD’s analysis and consideration of all the submissions made during a public consultation into various issues surrounding crop spraying, the consultation meeting having taken place on 30 March 2004. The PSD provided the applicant with a copy of the annexes … Continue reading Pesticides Safety Directorate (Decision Notice): ICO 11 Oct 2007
The complainants made 16 requests for information mainly related to financial probity or governance. The Commissioner’s decision is that East Herts District Council has not dealt with the requests for information in accordance with the Freedom of Information Act 2000 and Environmental Information Regulations 2004 by: incorrectly withholding information under the vexatious exclusion, and, in … Continue reading East Hertfordshire District Council (Decision Notice): ICO 16 Nov 2011
Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022
Mr Edwards asked the Scottish Ministers (the Ministers) to provide unpublished information relating to projections of Scottish greenhouse gas emissions under different scenarios and the estimation of the ‘Scottish share’. The Ministers withheld information which was expected to be published in the near future, under regulation 10(4)(d) of the Environmental Information (Scotland) Regulations 2004 (the … Continue reading Edwards of The Sunday Herald and Scottish Ministers: SIC 28 Aug 2008
SIC The Global Alliance Against Industrial Aquaculture (GAAIA) asked the Scottish Ministers (the Ministers) for sea lice data for all salmon farms in Scotland since 2000. Some information was provided to GAAIA. The Ministers withheld the remaining information under the Environmental Information (Scotland) Regulations 2004, as they considered disclosure would prejudice substantially the interests of … Continue reading Global Alliance Against Industrial Aquaculture v Scottish Ministers: SIC 19 Feb 2013
Mr Edwards requested all information relating to the finalisation and publication of the 2006 bathing water pollution results from the Scottish Ministers (the Ministers). The Ministers released some information to Mr Edwards, but withheld other documents in terms of several exemptions set out in Part 2 of FOISA. Mr Edwards remained dissatisfied following an internal … Continue reading Edwards and Scottish Ministers: SIC 11 Aug 2008
The complainant made a request to the Department of Trade and Industry (DTI) for the advice given by civil servants to the Energy Minister in relation to the decision to grant permission for a wind farm to be built at Cefn Croes, Ceredigion, West Wales. DTI refused to disclose the information, relying on the exemption … Continue reading Department for Business Enterprise and Regulatory Reform (Decision Notice): ICO 28 Jan 2008
On 9 September 2019, the Applicant asked South Ayrshire Council (the Council) for all notes made by Council employees in relation to a specified planning application. This decision finds that the Council failed to respond to the requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the … Continue reading The Applicant and South Ayrshire Council: SIC 27 Feb 2020
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny whether … Continue reading Northern Ireland Office (Decision Notice): ICO 15 Dec 2009
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
SIC Inspection and Maintenance Records for A Specified Street: Failure To Respond Within Statutory Timescales – On 4 June 2015, Watermans Solicitors, on behalf of their client Mr Donald Wright, asked East Dunbartonshire Council (the Council) for information about maintenance and inspection records for a specified street. This decision finds that the Council failed to … Continue reading Wright and East Dunbartonshire Council: SIC 18 Sep 2015
Remediation Reports for Completed Development: Failure To Respond Within Statutory Timescales – On 6 June 2015, Mr V asked City of Edinburgh Council (the Council) for remediation reports on a completed development. This decision finds that the Council failed to respond to the requirement for review within the timescale allowed by the Freedom of Information … Continue reading Mr V v City of Edinburgh Council: SIC 14 Jul 2015
SIC Specification of works: failure to respond within statutory timescales – On 18 December 2014, Ms Hamilton asked East Dunbartonshire Council (the Council) for information about the specification for work and materials on which previously-supplied cost information was based, in relation to works to be carried out at a Primary School. This decision finds that … Continue reading Rona Hamilton and East Dunbartonshire Council: SIC 5 May 2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015
SIC Flooding of a property: failure to respond within statutory timescales – On 6 January 2015, Mr Manesh asked Glasgow City Council (the Council) for information about requests and correspondence sent to the Council in connection with flooding to his property. The decision finds that the Council failed to comply with Mr Manesh’s requirement for … Continue reading Amir Aryan Manesh and Glasgow City Council: SIC 17 Apr 2015
Mr Blewett sought judicial review, quashing on three grounds a planning permission given by the Derbyshire County Council to Derbyshire Waste to use land at the former Glapwell Colliery in North-East Derbyshire, for ‘land reclamation by waste disposal with restoration to agricultural, woodland, grassland and nature conservation’. Held: A review was granted. Sullivan J said: … Continue reading Blewett, Regina (on the Application of) v Derbyshire County Council: Admn 7 Nov 2003
Warren TJ [2015] UKFTT 2014 – 0122 (GRC) Bailii Environmental Information Regulations 2004 Information, Planning Updated: 27 December 2021; Ref: scu.542483
SIC Final plans of new sports facilities at Peebles High School: failure to respond within statutory timescales – On 8 April 2014, Ms Nicholson asked Scottish Borders Council (the Council) for information about the final plans for the new sports facilities at Peebles High School. This decision finds that the Council failed to respond to … Continue reading Nicholson v Scottish Borders Council: SIC 8 Jul 2014
SIC Scottish Fish Farms Annual Production Survey – On 16 October 2013, Protect Wild Scotland (PWS) asked the Scottish Ministers (the Ministers) for the information from the Scottish Fish Farms Annual Production Survey 2012 questionnaire returns. The Ministers withheld the information under the Environmental Information (Scotland) Regulations 2004, as they considered disclosure would substantially prejudice … Continue reading Protect Wild Scotland v Scottish Ministers: SIC 13 Jun 2014
SIC Planning application: failure to respond within statutory timescales – On 3 March 2014, Mrs W asked East Dunbartonshire Council (the Council) for information about a planning application. This decision finds that the Council failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the … Continue reading W v East Dunbartonshire Council: SIC 8 Jul 2014
SIC Inspection records: failure to respond within statutory timescales – On 6 February 2014, Morisons Solicitors, on behalf of Mr Meechan, asked East Dunbartonshire Council (the Council) for maintenance and inspection records for the grounds and garden of a particular property. This decision finds that the Council failed to respond to the request within the … Continue reading Meechan v East Dunbartonshire Council: SIC 8 Jul 2014
The complainant wrote to Nottingham City Council (the ‘Council’) on 11 February, 21 March and 23 October 2005 requesting information relating to the relocation of Blenheim Lane allotments to a new site. The Commissioner’s decision in this matter is that the Council’s responses to the complainant’s requests failed to comply with regulation 5 (time for … Continue reading Nottingham City Council (Decision Notice): ICO 27 Mar 2007
Mr Y asked Highland Council (the Council) for information about meetings between Councillors and Council officials and representatives of Tesco, in relation to a particular planning application. The Council provided answers to most of Mr Y’s questions, but did not address one of his requests to his satisfaction. Following a review, the Council advised Mr … Continue reading Y and Highland Council: SIC 17 Dec 2009
ICO The complainant requested information from Cleveland and Redcar Borough Council relating to the construction of sea defences in Coatham. The Council disclosed some information about the project, but did not fully meet the information request. In addition, it did not confirm or deny that it held any other information in respect of this case … Continue reading Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Feb 2009
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
Mr X requested from West Dunbartonshire Council (the Council) information relating to a complaint which he and his wife had made about a nuisance odour from a specified address. The Council withheld the information under various exemptions in the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr X remained dissatisfied and applied … Continue reading X and West Dunbartonshire Council: SIC 11 Sep 2009
Impact of A9 dualling on rail freight – On 22 August 2013, Rail Freight Group (RFG) asked Transport Scotland for information relating to the proposed dualling of the A9. Transport Scotland provided links to documents on its website which it considered fulfilled parts of RFG’s request. Transport Scotland also informed RFG that it did not … Continue reading Rail Freight Group v Transport Scotland: SIC 6 May 2014
Resolution Complaints Panel reports – On 4 July 2013, Mrs Thompson asked for a copy of Resolution Complaints Panel reports prepared by the City of Edinburgh Council (the Council). The Council decided that the information in the reports was entirely excepted from disclosure under the EIRs. During the investigation, the Council disclosed a redacted version … Continue reading Thompson v City of Edinburgh Council: SIC 4 Mar 2014
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
George Square design contest – On 22 January 2013, Mr Gordon asked Glasgow City Council (the Council) for the score cards used by the judges in the George Square design contest. The Council handled the request under the Environmental Information (Scotland) Regulations 2004 (the EIRs) and withheld the information under regulation 10(4)(e) (internal communications). Following … Continue reading Gordon and Glasgow City Council: SIC 16 Aug 2013
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to a defendant in its conduct of a prosecution. The court must not confuse the immunity rule which … Continue reading Elguzouli-Daf v Commissioner of Police of the Metropolis and Another: CA 16 Nov 1994
SIC Safety Management System Manual – On 4 April 2014, Mr Macleod asked CalMac Ferries Limited (CalMac) for the Safety Management System Manual (SMS Manual) for a new vessel then under construction.
CalMac . .
A party applied to the council for disclosure of various contractual documents. The Council decided that it was obliged to disclose them. The owner objected saying that they were confidential.
Held: The request for review failed. The phrases . .
Mr Jamieson requested from the City of Edinburgh Council (the Council) a copy of the public consultation responses on its proposals for Lower Granton Road. The Council responded by informing Mr Jamieson that the information he sought was excepted . .
