Kennedy v Charity Commission

Kennedy v Charity Commission

The Supreme Court's decision in Sugar is binding and establishes that Article 10(1) ECHR is not engaged by refusal to disclose information under FOIA where domestic legislation expressly limits such rights. The well-established ECtHR jurisprudence (Leander, Gaskin, Guerra, Roche) is not materially extended by later...

Source-derived case information.

Parties
Appellant: Dominic Kennedy; Respondent: Charity Commission; Intervener: The Information Commissioner; Intervener: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
20 March 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Freedom of Expression, Disclosure of Information, Interpretation of Statutes, European Convention on Human Rights, Human Rights Act, FOIA Exemptions
Constitutional Law Human Rights Law Administrative Law Freedom of Information Freedom of Expression Disclosure of Information Interpretation of Statutes European Convention on Human Rights +2 more

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Summary, issues, holding and outcome

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Parties

Dominic Kennedy

Appellant

Charity Commission

Respondent

The Information Commissioner

Intervener

The Secretary of State for Justice

Intervener

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 32(2) of the Freedom of Information Act 2000 should be read down pursuant to section 3 of the Human Rights Act 1998 and Article 10 of the European Convention on Human Rights so that the exemption from disclosure ends upon the termination of the relevant statutory inquiry
  2. 2 Whether refusal to disclose information under section 32(2) FOIA interferes with the applicant's right to freedom of expression under Article 10(1) ECHR
  3. 3 Whether such interference, if any, is justified under Article 10(2)

Ratio Decidendi

The Supreme Court's decision in Sugar is binding and establishes that Article 10(1) ECHR is not engaged by refusal to disclose information under FOIA where domestic legislation expressly limits such rights. The well-established ECtHR jurisprudence (Leander, Gaskin, Guerra, Roche) is not materially extended by later cases. Therefore, section 32(2) FOIA exemption continues after the inquiry, and Article 10 does not require it to be read down.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Permission to appeal to the Supreme Court granted on both Article 10 and conventional interpretation of section 32(2) FOIA