Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors [2010] EWCA Civ 1214 (29 October 2010)

Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors [2010] EWCA Civ 1214 (29 October 2010)

The right of inspection under section 15(1) of the Audit Commission Act 1998 applies to all documents relating to the accounts to be audited, including contracts and invoices, regardless of whether they contain confidential commercial information. The statute provides an express exception only for personal information, and no further implied exception exists for confidential information. However, disclosure may be subject to limitations required by the ECHR or EU law, but such limitations require a balancing exercise by the authority. Use of information obtained under section 15(1) is not limited solely to audit purposes unless expressly provided by statute.

Citation
[2010] EWCA Civ 1214
Parties
Claimant / Appellant: Veolia ES Nottinghamshire Limited; Defendant / Respondent: Nottinghamshire County Council; First Interested Party: Shlomo Dowen; Second Interested Party: The Audit Commission for Local Authorities and the National Health Service for England
Jurisdiction
England and Wales
Judgment Date
29 October 2010
Procedural Posture
Appeal (judicial Review) / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Audit Rights, Confidential Information, Public Inspection of Accounts, Interpretation of Audit Commission Act 1998, Disclosure Obligations, European Convention on Human Rights, Public Contracts Regulations, Environmental Information Regulations
Administrative Law Local Government Law Freedom of Information Contract Law Human Rights Audit Rights Confidential Information Public Inspection of Accounts +5 more

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Parties

Veolia ES Nottinghamshire Limited

Claimant / Appellant

Nottinghamshire County Council

Defendant / Respondent

Shlomo Dowen

First Interested Party

The Audit Commission for Local Authorities and the National Health Service for England

Second Interested Party

Procedural Posture

Appeal (judicial Review) / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether commercial confidential information in a public contract and related invoices is subject to public inspection under section 15(1) of the Audit Commission Act 1998
  2. 2 Whether section 15(1) must be read down to protect confidential information under common law, ECHR, or EU procurement law
  3. 3 Whether use of information obtained under section 15(1) is limited to audit purposes

Ratio Decidendi

The right of inspection under section 15(1) of the Audit Commission Act 1998 applies to all documents relating to the accounts to be audited, including contracts and invoices, regardless of whether they contain confidential commercial information. The statute provides an express exception only for personal information, and no further implied exception exists for confidential information. However, disclosure may be subject to limitations required by the ECHR or EU law, but such limitations require a balancing exercise by the authority. Use of information obtained under section 15(1) is not limited solely to audit purposes unless expressly provided by statute.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Veolia ES Nottinghamshire Limited is dismissed.
  • The disputed documents are subject to inspection under section 15(1) ACA 1998, subject to any balancing exercise required by ECHR or EU law.