David Morris v The Information Commissioner

David Morris v The Information Commissioner

DESNZ provided a reasonable, sensible, and realistic estimate supported by cogent evidence that the cost of compliance would exceed the statutory limit; DESNZ also complied with its duty to provide advice and assistance under section 16 FOIA.

Source-derived case information.

Parties
Appellant: David Morris; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act, Cost of Compliance, Legal Professional Privilege, Advice and Assistance Duty
Information Rights Administrative Law Freedom of Information Act Cost of Compliance Legal Professional Privilege Advice and Assistance Duty

Source-derived case record

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Parties

David Morris

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether DESNZ was entitled to rely on section 12 FOIA to refuse the request
  2. 2 Whether DESNZ complied with its duty under section 16 FOIA to provide advice and assistance

Ratio Decidendi

DESNZ provided a reasonable, sensible, and realistic estimate supported by cogent evidence that the cost of compliance would exceed the statutory limit; DESNZ also complied with its duty to provide advice and assistance under section 16 FOIA.

Court Disposition

appeal dismissed

Orders

  • DESNZ was entitled to rely on section 12 FOIA to refuse the request
  • DESNZ complied with section 16 FOIA duty to provide advice and assistance