Gary Shipton v The Information Commissioner & Anor

Gary Shipton v The Information Commissioner & Anor

On the balance of probabilities, Dorset Council did not commission or hold a structural survey at the time of the request; details of works and information relating to property viewings and reports by Mr Morgan were held and have been disclosed; Council breached Regulation 14 EIR by only responding under FOIA; further relevant information was held and must be disclosed; subject access request under GDPR must be progressed.

Parties
Appellant: Gary Shipton; First Respondent: The Information Commissioner; Second Respondent: Dorset Council
Jurisdiction
England and Wales
Judgment Date
22 August 2022
Procedural Posture
Appeal / Final Decision
Outcome
appeal allowed
Legal Topics
Freedom of Information Act, Environmental Information Regulations, GDPR Subject Access, Public Authority Disclosure, Statutory Exemptions
Information Rights Administrative Law Data Protection Freedom of Information Act Environmental Information Regulations GDPR Subject Access Public Authority Disclosure Statutory 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 6 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gary Shipton

Appellant

The Information Commissioner

First Respondent

Dorset Council

Second Respondent

Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 Whether Dorset Council held further information within scope of FOIA/EIR/GDPR request at the time of the request
  2. 2 Whether information relating to property viewings, bids, and reports by Mr Morgan fell within scope
  3. 3 Whether Council breached statutory duties under FOIA, EIR, and GDPR

Ratio Decidendi

On the balance of probabilities, Dorset Council did not commission or hold a structural survey at the time of the request; details of works and information relating to property viewings and reports by Mr Morgan were held and have been disclosed; Council breached Regulation 14 EIR by only responding under FOIA; further relevant information was held and must be disclosed; subject access request under GDPR must be progressed.

Court Disposition

appeal allowed

Orders

  • Second Respondent to issue fresh response within one calendar month.
  • Second Respondent to disclose all further information located within scope of original request held at time of request.