Graeme Bickerdike v The Information Commissioner & Anor

Graeme Bickerdike v The Information Commissioner & Anor

The Tribunal found the requests were manifestly unreasonable due to limited public interest, misrepresentation, distress caused to NH staff, and lack of serious purpose post-policy pause. The public interest in maintaining the exception outweighed the interest in disclosure, and the presumption in favour of disclosure did not override this balance.

Parties
Appellant: Graeme Bickerdike; Respondent: The Information Commissioner; Second Respondent: National Highways
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Manifestly Unreasonable Requests, Public Interest Test, Permitted Development Rights
Administrative Law Environmental Law Freedom of Information Environmental Information Regulations Manifestly Unreasonable Requests Public Interest Test Permitted Development Rights

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 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Graeme Bickerdike

Appellant

The Information Commissioner

Respondent

National Highways

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Appellant's requests for environmental information were manifestly unreasonable under regulation 12(4)(b) EIR
  2. 2 Whether the public interest in disclosure outweighed the public interest in maintaining the exception
  3. 3 Whether the presumption in favour of disclosure required release of the information

Ratio Decidendi

The Tribunal found the requests were manifestly unreasonable due to limited public interest, misrepresentation, distress caused to NH staff, and lack of serious purpose post-policy pause. The public interest in maintaining the exception outweighed the interest in disclosure, and the presumption in favour of disclosure did not override this balance.

Court Disposition

Appeal dismissed

Orders

  • The Information Commissioner's decision notice is upheld.
  • National Highways' refusal of the requests is confirmed.