Gareth Davies v The Information Commissioner & Anor.

Gareth Davies v The Information Commissioner & Anor.

The majority held that Thurrock Council was entitled to rely on FOIA exemptions s36(2)(c) and s43(2) only in respect of information relating to interest rates and forecast returns, as disclosure of this information would likely prejudice commercial interests. For all other requested information, the public interest in transparency and accountability outweighed any prejudice, and the Council was ordered to disclose it. The audit regime and internal scrutiny did not displace the public interest in disclosure under FOIA.

Parties
Appellant: Gareth Davies; First Respondent: The Information Commissioner; Second Respondent: Thurrock Council
Jurisdiction
England and Wales
Judgment Date
19 October 2022
Procedural Posture
Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Public Interest Test, Local Authority Finance, Commercial Confidentiality, Statutory Audit, Transparency and Accountability
Administrative Law Information Law Local Government Law Freedom of Information Public Interest Test Local Authority Finance Commercial Confidentiality Statutory Audit +1 more

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Parties

Gareth Davies

Appellant

The Information Commissioner

First Respondent

Thurrock Council

Second Respondent

Procedural Posture

Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether Thurrock Council was entitled to rely on exemptions under the Freedom of Information Act 2000 (FOIA) to refuse disclosure of information relating to its borrowing and investment activities.
  2. 2 Whether the public interest in maintaining the exemptions outweighed the public interest in disclosure.

Ratio Decidendi

The majority held that Thurrock Council was entitled to rely on FOIA exemptions s36(2)(c) and s43(2) only in respect of information relating to interest rates and forecast returns, as disclosure of this information would likely prejudice commercial interests. For all other requested information, the public interest in transparency and accountability outweighed any prejudice, and the Council was ordered to disclose it. The audit regime and internal scrutiny did not displace the public interest in disclosure under FOIA.

Court Disposition

Appeal allowed in part

Orders

  • Thurrock Council to disclose to the Appellant all requested information except for interest rate and forecast returns information, within 42 days of the decision.
  • No other steps required.