David Barton v The Information Commissioner & Anor

David Barton v The Information Commissioner & Anor

The Council failed to demonstrate any specific or probable harm from disclosure of the requested profit and loss accounts, and thus could not rely on regulation 12(5)(e) or 12(5)(f) EIR to withhold the information. The public interest in disclosure was not outweighed by any identified adverse effect or legitimate economic interest.

Parties
Appellant: David Barton; First Respondent: The Information Commissioner; Second Respondent: Wigan Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Planning Applications, Confidentiality, Public Interest Test
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Planning Applications Confidentiality Public Interest Test

Case Brief

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Parties

David Barton

Appellant

The Information Commissioner

First Respondent

Wigan Metropolitan Borough Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Wigan Metropolitan Borough Council was entitled to rely on regulation 12(5)(e) or 12(5)(f) of the Environmental Information Regulations 2004 to withhold requested information
  2. 2 Whether disclosure of the profit and loss accounts would adversely affect the interests of the information provider
  3. 3 Whether the public interest in maintaining confidentiality outweighs the public interest in disclosure

Ratio Decidendi

The Council failed to demonstrate any specific or probable harm from disclosure of the requested profit and loss accounts, and thus could not rely on regulation 12(5)(e) or 12(5)(f) EIR to withhold the information. The public interest in disclosure was not outweighed by any identified adverse effect or legitimate economic interest.

Court Disposition

Appeal allowed

Orders

  • Wigan Metropolitan Borough Council must disclose the withheld information to the appellant within 35 days of the date of this decision.
  • Any failure to comply may amount to contempt and may be certified to the Upper Tribunal.