Dransfield & Anor v The Information Commissioner & Anor

Dransfield & Anor v The Information Commissioner & Anor

A request may be deemed vexatious under FOIA or manifestly unreasonable under EIR based on all relevant circumstances, including prior history, motive, burden, and harassment, even if the current request is not itself vexatious. The two tests are substantially equivalent. Costs of compliance may be considered under both regimes. Section 14(2) FOIA does not limit section 14(1). The Information Commissioner may raise EIR exceptions during review even if not raised by the authority.

Parties
Appellant: Alan Dransfield; First Respondent: Information Commissioner; Second Respondent: Devon County Council; Appellant: Rosalind Jean Craven; Second Respondent: Department for Energy and Climate Change
Jurisdiction
England and Wales
Judgment Date
14 May 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeals dismissed
Legal Topics
Freedom of Information Act, Environmental Information Regulations, Vexatious Requests, Manifestly Unreasonable Requests, Public Authority Obligations, Costs of Compliance
Constitutional Law Administrative Law Information Law Environmental Law Freedom of Information Act Environmental Information Regulations Vexatious Requests Manifestly Unreasonable Requests +2 more

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Parties

Alan Dransfield

Appellant

Information Commissioner

First Respondent

Devon County Council

Second Respondent

Rosalind Jean Craven

Appellant

Department for Energy and Climate Change

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a request can be deemed vexatious based on prior history even if the current request is not itself vexatious
  2. 2 Whether 'vexatious' under FOIA and 'manifestly unreasonable' under EIR have the same meaning
  3. 3 Whether the Information Commissioner can raise EIR exceptions not raised by the authority

Ratio Decidendi

A request may be deemed vexatious under FOIA or manifestly unreasonable under EIR based on all relevant circumstances, including prior history, motive, burden, and harassment, even if the current request is not itself vexatious. The two tests are substantially equivalent. Costs of compliance may be considered under both regimes. Section 14(2) FOIA does not limit section 14(1). The Information Commissioner may raise EIR exceptions during review even if not raised by the authority.

Court Disposition

appeals dismissed

Orders

  • Mr Dransfield's appeal dismissed
  • Mrs Craven's appeal dismissed