Dr Christopher Garrard v The Information Commissioner & Anor

Dr Christopher Garrard v The Information Commissioner & Anor

The Cabinet Office holds further information within the scope of the request; section 27 exemption is engaged for certain withheld passages, but not all; section 36 exemption not reasonably engaged for passages not covered by section 27; public interest in disclosure outweighs exemption for some information, but not all.

Parties
Appellant: Dr Christopher Garrard; First Respondent: The Information Commissioner; Second Respondent: Cabinet Office
Jurisdiction
England and Wales
Judgment Date
27 March 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information Act, International Relations, Public Interest Test, Government Policy, Prejudice to Effective Conduct of Public Affairs
Information Rights Administrative Law Freedom of Information Act International Relations Public Interest Test Government Policy Prejudice to Effective Conduct of Public Affairs

Case Brief

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Parties

Dr Christopher Garrard

Appellant

The Information Commissioner

First Respondent

Cabinet Office

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Cabinet Office holds further information within the scope of the FOIA request
  2. 2 Whether withheld information is exempt under section 27 and/or section 36 FOIA
  3. 3 Whether the public interest in maintaining exemptions outweighs the public interest in disclosure

Ratio Decidendi

The Cabinet Office holds further information within the scope of the request; section 27 exemption is engaged for certain withheld passages, but not all; section 36 exemption not reasonably engaged for passages not covered by section 27; public interest in disclosure outweighs exemption for some information, but not all.

Court Disposition

Appeal allowed in part

Orders

  • Cabinet Office to undertake further search of email archive and issue fresh response within 35 days
  • Cabinet Office to provide fresh response regarding Information A and either supply or refuse under section 17 FOIA