Eric Doughty v Information Commissioner

Eric Doughty v Information Commissioner

The Council was not entitled to rely on section 43(2) FOIA to withhold the requested information because, in the specific circumstances, the public interest in disclosure outweighed the public interest in maintaining the exemption. The withheld information was limited, not current, and unlikely to cause substantial commercial harm, while the lack of written records and the high volume of complaints increased the need for transparency.

Parties
Appellant: Eric Doughty; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
16 December 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Public Interest Test, Commercial Interests Exemption, Disclosure of Information, Primary Authority Scheme
Information Law Administrative Law Freedom of Information Public Interest Test Commercial Interests Exemption Disclosure of Information Primary Authority Scheme

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Parties

Eric Doughty

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Nottinghamshire County Council was entitled to rely on section 43(2) of the Freedom of Information Act 2000 to withhold information requested by the Appellant
  2. 2 Whether the public interest in maintaining the exemption outweighed the public interest in disclosure

Ratio Decidendi

The Council was not entitled to rely on section 43(2) FOIA to withhold the requested information because, in the specific circumstances, the public interest in disclosure outweighed the public interest in maintaining the exemption. The withheld information was limited, not current, and unlikely to cause substantial commercial harm, while the lack of written records and the high volume of complaints increased the need for transparency.

Court Disposition

Appeal allowed

Orders

  • Nottinghamshire County Council to disclose the withheld information within 30 working days of receipt of this decision.
  • Failure to comply may result in certification to the Upper Tribunal and may be dealt with as contempt of court.