Alan Smith v The Information Commissioner
Regulation 12(5)(e) was engaged because the withheld information was commercial, confidential, and its disclosure would harm legitimate economic interests. The public interest in maintaining the exception outweighed the public interest in disclosure, especially as significant information was already in the public domain and disclosure would prejudice future investigations.
- Parties
- Appellant: Alan Smith; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 31 October 2025
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Environmental Information Regulations, Freedom of Information, Confidentiality of Commercial Information, Public Interest Test
Case Brief
Summary, issues, holding and outcome
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Parties
Alan Smith
Appellant
The Information Commissioner
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the Authority was entitled to withhold information under regulation 12(5)(e) of the Environmental Information Regulations 2004
- 2 Whether the public interest in maintaining the exception outweighed the public interest in disclosure
Ratio Decidendi
Regulation 12(5)(e) was engaged because the withheld information was commercial, confidential, and its disclosure would harm legitimate economic interests. The public interest in maintaining the exception outweighed the public interest in disclosure, especially as significant information was already in the public domain and disclosure would prejudice future investigations.
Court Disposition
Appeal dismissed
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