Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors

Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors

Section 15(1) of the Audit Commission Act 1998 entitles persons interested to inspect all accounts to be audited and all related documents, including contracts and invoices, unless they contain confidential information protected by the ECHR or EU law. The right of inspection must be read down to exclude confidential information where justified, and, where access is granted to confidential information, its use is limited to audit purposes. The Council's decision to allow access to the first set of disputed documents stands, but access to the second set (Schedules 33, 38, 40) should be refused as their confidentiality outweighs the public interest in disclosure.

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
Judicial Review / Appeal From High Court (queen’s Bench, Administrative Court) to Court of Appeal
Outcome
Appeal dismissed in respect of the first ground; guidance given on the second and third grounds; access to first disputed documents stands, access to second disputed documents refused.
Legal Topics
Right of Inspection of Accounts, Confidential Information, Freedom of Information, Public Procurement, Interpretation of Statutes, Data Protection, Judicial Review
Administrative Law Local Government Law Human Rights Law Contract Law European Union Law Right of Inspection of Accounts Confidential Information Freedom of Information +4 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

Judicial Review / Appeal From High Court (queen’s Bench, Administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether section 15(1) of the Audit Commission Act 1998 entitles persons interested to inspect confidential commercial information in local authority contracts and related documents.
  2. 2 Whether confidential information is protected from disclosure under English common law, the ECHR, or EU law.
  3. 3 Whether the use of information accessed under section 15(1) is limited to audit purposes.

Ratio Decidendi

Section 15(1) of the Audit Commission Act 1998 entitles persons interested to inspect all accounts to be audited and all related documents, including contracts and invoices, unless they contain confidential information protected by the ECHR or EU law. The right of inspection must be read down to exclude confidential information where justified, and, where access is granted to confidential information, its use is limited to audit purposes. The Council's decision to allow access to the first set of disputed documents stands, but access to the second set (Schedules 33, 38, 40) should be refused as their confidentiality outweighs the public interest in disclosure.

Court Disposition

Appeal dismissed in respect of the first ground; guidance given on the second and third grounds; access to first disputed documents stands, access to second disputed documents refused.

Orders

  • The judge's decision is upheld regarding the first ground (documents relating to accounts to be audited).
  • Section 15(1) must be read down to exclude confidential information protected by the ECHR or EU law, subject to justification.