Airwars v Information Commissioner & Anor

Airwars v Information Commissioner & Anor

The entirety of the requested information is exempt under FOIA sections 23, 24, 26, 27, and 42. The aggregated public interest in maintaining these exemptions outweighs the public interest in disclosure. No information can be disaggregated for disclosure without prejudicing national security, defence, or international relations.

Parties
Appellant: Airwars; First Respondent: Information Commissioner; Second Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
FOIA Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Civilian Harm Assessment, Military Operations, Legal Professional Privilege, International Relations
Administrative Law Information Rights National Security Freedom of Information Act Civilian Harm Assessment Military Operations Legal Professional Privilege International Relations

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Parties

Airwars

Appellant

Information Commissioner

First Respondent

Ministry of Defence

Second Respondent

Procedural Posture

FOIA Appeal / Final Judgment

Legal Issues

  1. 1 Whether MOD is entitled to withhold documents assessing civilian harm under FOIA exemptions
  2. 2 Whether public interest in disclosure outweighs exemptions claimed under sections 23, 24, 26, 27, and 42
  3. 3 Whether any information can be disaggregated and disclosed

Ratio Decidendi

The entirety of the requested information is exempt under FOIA sections 23, 24, 26, 27, and 42. The aggregated public interest in maintaining these exemptions outweighs the public interest in disclosure. No information can be disaggregated for disclosure without prejudicing national security, defence, or international relations.

Court Disposition

Appeal dismissed

Orders

  • No disclosure of requested information
  • MOD entitled to mask applicable exemptions under sections 23 and 24