Derek Moss v Information Commissioner & Anor

Derek Moss v Information Commissioner & Anor

The tribunal found the MoJ's interpretation of the request as a single request for information relating to a specific case was reasonable. The MoJ properly applied exemptions under sections 32(3) and 40(5) initially, and later section 12 (cost of compliance) when it became clear the request encompassed potential local policies at 95 courts. The MoJ provided all centrally held information and appropriate advice and assistance. The appeal was dismissed as the MoJ complied with its statutory obligations.

Parties
Appellant: Derek Moss; First Respondent: Information Commissioner; Second Respondent: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
FOIA Appeal / Final Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Exemptions Under FOIA, Duty to Provide Advice and Assistance, Interpretation of Requests, Costs of Compliance
Administrative Law Information Law Freedom of Information Exemptions Under FOIA Duty to Provide Advice and Assistance Interpretation of Requests Costs of Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Derek Moss

Appellant

Information Commissioner

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

FOIA Appeal / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the Ministry of Justice breached its obligations under the Freedom of Information Act 2000 (FOIA) in responding to the appellant's request
  2. 2 Whether the Ministry of Justice provided adequate advice and assistance under section 16 FOIA
  3. 3 Whether the Ministry of Justice was entitled to rely on section 12 (cost of compliance) and other exemptions

Ratio Decidendi

The tribunal found the MoJ's interpretation of the request as a single request for information relating to a specific case was reasonable. The MoJ properly applied exemptions under sections 32(3) and 40(5) initially, and later section 12 (cost of compliance) when it became clear the request encompassed potential local policies at 95 courts. The MoJ provided all centrally held information and appropriate advice and assistance. The appeal was dismissed as the MoJ complied with its statutory obligations.

Court Disposition

Appeal dismissed

Orders

  • If any party wishes to make an application in respect of costs under Rule 10(1)(b), it should do so within 14 days.