Cabinet Office v The Information Commissioner & Anor

Cabinet Office v The Information Commissioner & Anor

The Tribunal found that the request imposed a grossly disproportionate and oppressive burden on the Cabinet Office, engaging section 14 FOIA, and allowed the appeal based on the holistic assessment of the relevant circumstances.

Parties
Appellant: Cabinet Office; First Respondent: Information Commissioner; Second Respondent: Gabriel Kanter-Webber
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Vexatious Requests, Public Authority Obligations, Disclosure of Information
Administrative Law Freedom of Information Vexatious Requests Public Authority Obligations Disclosure of Information

Case Brief

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Parties

Cabinet Office

Appellant

Information Commissioner

First Respondent

Gabriel Kanter-Webber

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the request was vexatious under section 14(1) FOIA
  2. 2 Whether the resource burden justified refusal under FOIA

Ratio Decidendi

The Tribunal found that the request imposed a grossly disproportionate and oppressive burden on the Cabinet Office, engaging section 14 FOIA, and allowed the appeal based on the holistic assessment of the relevant circumstances.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; section 14 FOIA is engaged and the Cabinet Office is not obliged to comply with the request.