Fiona Thompson v The Information Commissioner & Anor

Fiona Thompson v The Information Commissioner & Anor

The Tribunal found that the qualified person’s opinion under section 36(2) was reasonable and that disclosure would inhibit free and frank advice and prejudice public affairs. The public interest in maintaining the exemption outweighed the public interest in disclosure. Requests #2 and #3 were found to be vexatious due to their burden, lack of serious value, timing, and drift from the original aim, justifying refusal under section 14.

Parties
Appellant: Fiona Thompson; First Respondent: Information Commissioner; Second Respondent: His Majesty’s Treasury
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Freedom of Information Act, Public Interest Test, Vexatious Requests, Government Policy, Disclosure Exemptions
Information Rights Administrative Law Freedom of Information Act Public Interest Test Vexatious Requests Government Policy Disclosure Exemptions

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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fiona Thompson

Appellant

Information Commissioner

First Respondent

His Majesty’s Treasury

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether information requested is exempt under section 36 of FOIA
  2. 2 Whether subsequent requests are vexatious under section 14 of FOIA
  3. 3 Public interest balancing test for disclosure

Ratio Decidendi

The Tribunal found that the qualified person’s opinion under section 36(2) was reasonable and that disclosure would inhibit free and frank advice and prejudice public affairs. The public interest in maintaining the exemption outweighed the public interest in disclosure. Requests #2 and #3 were found to be vexatious due to their burden, lack of serious value, timing, and drift from the original aim, justifying refusal under section 14.

Court Disposition

Appeals dismissed

Orders

  • Requested information in Request #1 is exempt from disclosure under section 36 of FOIA.
  • Requests #2 and #3 are properly refused as vexatious under section 14 of FOIA.