Gail Judson v Information Commissioner & Anor

Gail Judson v Information Commissioner & Anor

On the balance of probabilities, the Second Respondent does not hold the requested information. The searches conducted were reasonable and thorough, and there is no significant evidence to suggest the documents exist or are being withheld. The Decision Notice is upheld.

Parties
Appellant: Gail Judson; First Respondent: Information Commissioner; Second Respondent: Redcar and Cleveland Borough Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Disclosure of Information, Public Authority Record Keeping
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Disclosure of Information Public Authority Record Keeping

Case Brief

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Parties

Gail Judson

Appellant

Information Commissioner

First Respondent

Redcar and Cleveland Borough Council

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Second Respondent holds the requested information under the Environmental Information Regulations (EIR) 2004
  2. 2 Whether the Second Respondent conducted adequate searches for the requested information
  3. 3 Whether the Decision Notice of the Information Commissioner was correct in law

Ratio Decidendi

On the balance of probabilities, the Second Respondent does not hold the requested information. The searches conducted were reasonable and thorough, and there is no significant evidence to suggest the documents exist or are being withheld. The Decision Notice is upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Decision Notice is upheld.