Gary Tinker v The Information Commissioner & Anor

Gary Tinker v The Information Commissioner & Anor

The Tribunal found that, when viewed holistically and in context, the burden imposed by the disputed request was not unreasonable or disproportionate, the requests were not excessively persistent or scattergun, and there was some public interest in transparency regarding HMRC’s dealings with the Loan Charge. The request was not vexatious under section 14(1) FOIA, and HMRC was not entitled to rely on that exemption to refuse the request.

Parties
Appellant: Gary Tinker; 1st Respondent: The Information Commissioner; 2nd Respondent: Her Majesty’s Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
26 July 2022
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Vexatious Requests, Public Authority Disclosure, Section 14 FOIA
Information Law Administrative Law Freedom of Information Vexatious Requests Public Authority Disclosure Section 14 FOIA

Case Brief

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Parties

Gary Tinker

Appellant

The Information Commissioner

1st Respondent

Her Majesty’s Revenue and Customs

2nd Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the FOIA request was vexatious under section 14(1)
  2. 2 Whether HMRC was entitled to refuse the request under section 14(1) FOIA

Ratio Decidendi

The Tribunal found that, when viewed holistically and in context, the burden imposed by the disputed request was not unreasonable or disproportionate, the requests were not excessively persistent or scattergun, and there was some public interest in transparency regarding HMRC’s dealings with the Loan Charge. The request was not vexatious under section 14(1) FOIA, and HMRC was not entitled to rely on that exemption to refuse the request.

Court Disposition

Appeal allowed

Orders

  • HMRC is required to issue a fresh response to the request, not relying on section 14 FOIA, within 42 days of the date of promulgation of this decision.