David Tarsh v The Information Commissioner & Anor

David Tarsh v The Information Commissioner & Anor

The Tribunal found that the withheld information was not responsive to the Appellant's request, as no decision to renew or not renew the contract was made and thus not recorded. However, certain slides (62–73) from the RUC Future Executive Steering Group Agenda and pack v3 300421 were responsive and should be disclosed, as TfL did not rely on any exception for these. For the withheld information, the Tribunal held that exceptions under Regulations 12(4)(e), 12(5)(b), 12(5)(d), and 12(5)(e) EIR were engaged, and the public interest in maintaining the exceptions outweighed the interest in disclosure. The appeal was therefore dismissed in part and allowed in part.

Parties
Appellant: David Tarsh; First Respondent: The Information Commissioner; Second Respondent: Transport for London
Jurisdiction
England and Wales
Judgment Date
23 April 2026
Procedural Posture
Appeal Under Environmental Information Regulations 2004 / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal dismissed in part and allowed in part
Legal Topics
Environmental Information Regulations, Freedom of Information, Confidentiality of Proceedings, Internal Communications, Legal Professional Privilege, Commercial Information, Public Interest Test
Administrative Law Information Law Environmental Law Local Government Law Environmental Information Regulations Freedom of Information Confidentiality of Proceedings Internal Communications +3 more

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Parties

David Tarsh

Appellant

The Information Commissioner

First Respondent

Transport for London

Second Respondent

Procedural Posture

Appeal Under Environmental Information Regulations 2004 / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the withheld information is responsive to the Appellant's request under EIR 2004
  2. 2 Whether exceptions under Regulations 12(4)(e), 12(5)(b), 12(5)(d), and 12(5)(e) EIR apply to the withheld information
  3. 3 Whether the public interest in maintaining the exceptions outweighs the public interest in disclosure

Ratio Decidendi

The Tribunal found that the withheld information was not responsive to the Appellant's request, as no decision to renew or not renew the contract was made and thus not recorded. However, certain slides (62–73) from the RUC Future Executive Steering Group Agenda and pack v3 300421 were responsive and should be disclosed, as TfL did not rely on any exception for these. For the withheld information, the Tribunal held that exceptions under Regulations 12(4)(e), 12(5)(b), 12(5)(d), and 12(5)(e) EIR were engaged, and the public interest in maintaining the exceptions outweighed the interest in disclosure. The appeal was therefore dismissed in part and allowed in part.

Court Disposition

Appeal dismissed in part and allowed in part

Orders

  • Transport for London must disclose to the Appellant under the Environmental Information Regulations 2004, Slides 62–73 of the RUC Future Executive Steering Group Agenda and pack v3 300421 dated 30 April 2021, within 35 days of the date of promulgation of this decision.
  • The remainder of the appeal is dismissed.