Gail Judson v The Information Commissioner & Anor

Gail Judson v The Information Commissioner & Anor

The appeal raises a triable issue regarding the application of regulation 12(4)(a) EIRs and the completeness of information disclosure, and is therefore fit for a full hearing; the strike out application is refused.

Parties
Appellant: Gail Judson; First Respondent: The Information Commissioner; Second Respondent: Redcar and Cleveland Borough Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Interlocutory Application (strike Out) and Directions
Outcome
strike out application refused; directions issued
Legal Topics
Environmental Information, Freedom of Information, Procedural Fairness, Strike Out Applications
Information Law Administrative Law Environmental Information Freedom of Information Procedural Fairness Strike Out Applications

Case Brief

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Parties

Gail Judson

Appellant

The Information Commissioner

First Respondent

Redcar and Cleveland Borough Council

Second Respondent

Procedural Posture

Appeal / Interlocutory Application (strike Out) and Directions

Legal Issues

  1. 1 Whether the appeal has a realistic prospect of success under rule 8(3)(c)
  2. 2 Whether the Decision Notice correctly applied regulation 12(4)(a) of the Environmental Information Regulations 2004
  3. 3 Whether all relevant information was disclosed by the public authority

Ratio Decidendi

The appeal raises a triable issue regarding the application of regulation 12(4)(a) EIRs and the completeness of information disclosure, and is therefore fit for a full hearing; the strike out application is refused.

Court Disposition

strike out application refused; directions issued

Orders

  • Redcar and Cleveland Borough Council joined as Second Respondent
  • Second Respondent to file and serve Response within 28 days