Foxley v Ministry of Defence & Ors (Re PII Application) [2026] EWHC 673 (KB) (19 March 2026)

Foxley v Ministry of Defence & Ors (Re PII Application) [2026] EWHC 673 (KB) (19 March 2026)

The court granted the PII application in its entirety, finding that there is a real risk of serious harm to the public interest if the material is disclosed, and that the Wiley balance is firmly in favour of withholding disclosure. The material is of marginal relevance to the Claimant's case and withholding it will not prejudice the claim or the Claimant's position in relation to summary judgment or jurisdiction arguments.

Citation
[2026] EWHC 673 (KB)
Parties
Claimant: Lt Col Ian Foxley; First Defendant: Ministry of Defence; Second Defendant: Department for Business and Trade; Third Defendant: GPT Special Project Management Limited; Fourth Defendant: Airbus SE
Jurisdiction
England and Wales
Judgment Date
19 March 2026
Procedural Posture
Civil / Interlocutory Application (public Interest Immunity)
Outcome
PII application granted in its entirety
Legal Topics
Public Interest Immunity, Disclosure, Open Justice, National Security, Corruption
Civil Procedure Public Law Public Interest Immunity Disclosure Open Justice National Security Corruption

Case Brief

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Parties

Lt Col Ian Foxley

Claimant

Ministry of Defence

First Defendant

Department for Business and Trade

Second Defendant

GPT Special Project Management Limited

Third Defendant

Airbus SE

Fourth Defendant

Procedural Posture

Civil / Interlocutory Application (public Interest Immunity)

Legal Issues

  1. 1 Whether the Government Defendants are entitled to Public Interest Immunity (PII) in respect of certain documents
  2. 2 Whether the balance of public interest favours withholding disclosure of the material
  3. 3 Whether the seriousness of the allegations and public domain information affect the PII claim

Ratio Decidendi

The court granted the PII application in its entirety, finding that there is a real risk of serious harm to the public interest if the material is disclosed, and that the Wiley balance is firmly in favour of withholding disclosure. The material is of marginal relevance to the Claimant's case and withholding it will not prejudice the claim or the Claimant's position in relation to summary judgment or jurisdiction arguments.

Court Disposition

PII application granted in its entirety

Orders

  • Order to reflect the grant of PII in respect of the material identified by the Government Defendants