Dr Colin L Leci v The Information Commissioner & Anor

Dr Colin L Leci v The Information Commissioner & Anor

FCDO was entitled to withhold the identities of some initiators for project 7 under sections 27(1)(a), (c), and (d) FOIA because disclosure would be likely to prejudice UK international relations and interests abroad, and the public interest in maintaining the exemption outweighs the public interest in disclosure. Section 27(1)(b) was not applicable as it related to information outside the scope of the request.

Parties
Appellant: Dr Colin L. Leci; First Respondent: The Information Commissioner; Second Respondent: The Foreign, Commonwealth and Development Office
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Qualified Exemptions, International Relations Exemption, Public Interest Test
Information Law Administrative Law International Relations Freedom of Information Qualified Exemptions International Relations Exemption Public Interest Test

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 6 Party arguments 2
Sign in to unlock

Parties

Dr Colin L. Leci

Appellant

The Information Commissioner

First Respondent

The Foreign, Commonwealth and Development Office

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether FCDO was entitled to withhold information under sections 27(1)(a), (c), and (d) of FOIA
  2. 2 Whether public interest in maintaining the exemption outweighs the public interest in disclosure
  3. 3 Whether section 43 (commercial interests) applies

Ratio Decidendi

FCDO was entitled to withhold the identities of some initiators for project 7 under sections 27(1)(a), (c), and (d) FOIA because disclosure would be likely to prejudice UK international relations and interests abroad, and the public interest in maintaining the exemption outweighs the public interest in disclosure. Section 27(1)(b) was not applicable as it related to information outside the scope of the request.

Court Disposition

Appeal allowed in part

Orders

  • FCDO was not entitled to withhold information under section 27(1)(b) FOIA as it related to information outside the scope of the request; no further action necessary as other exemptions apply to all remaining withheld information.
  • Directions under Rule 14(6) regarding closed bundle and closed witness statement remain in force.