David Callister v Information Commissioner & Anor

David Callister v Information Commissioner & Anor

On the balance of probabilities, the Council did not hold information within the scope of the Appellant’s request at the time it was received, and conducted adequate searches; therefore, it was entitled to refuse disclosure under regulation 12(4)(a) EIR.

Source-derived case information.

Parties
Appellant: David Callister; Respondent: Information Commissioner; Respondent: Westmorland and Furness Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Adequacy of Searches, Public Authority Duties
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Adequacy of Searches Public Authority Duties

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Parties

David Callister

Appellant

Information Commissioner

Respondent

Westmorland and Furness Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Council held information within the scope of the Appellant’s request under the Environmental Information Regulations 2004
  2. 2 Whether the searches conducted by the Council were adequate
  3. 3 Whether the Council was entitled to refuse disclosure under regulation 12(4)(a) EIR

Ratio Decidendi

On the balance of probabilities, the Council did not hold information within the scope of the Appellant’s request at the time it was received, and conducted adequate searches; therefore, it was entitled to refuse disclosure under regulation 12(4)(a) EIR.

Court Disposition

Appeal dismissed