Evans, R (on the application of) v HM Attorney General & Anor

Evans, R (on the application of) v HM Attorney General & Anor

The Attorney General's certificate under section 53(2) of the Freedom of Information Act 2000 was issued on reasonable grounds, as required by the statute. The reasons given were cogent and rational, and the certificate was not vitiated by merely disagreeing with the Upper Tribunal's assessment. The availability of judicial review provides sufficient judicial oversight to satisfy both domestic constitutional requirements and the requirements of Directive 2003/4/EC and the Aarhus Convention for environmental information. Accordingly, the claim for judicial review is dismissed.

Parties
Claimant: Rob Evans; Defendant: Her Majesty’s Attorney General; Interested Party: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Freedom of Information, Ministerial Override, Judicial Review, Environmental Information, Separation of Powers, Constitutional Conventions
Constitutional Law Administrative Law Access to Information European Law Freedom of Information Ministerial Override Judicial Review Environmental Information +2 more

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 20 Party arguments 2
Sign in to unlock

Parties

Rob Evans

Claimant

Her Majesty’s Attorney General

Defendant

The Information Commissioner

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 What is the meaning and effect of section 53(2) of the Freedom of Information Act 2000?
  2. 2 Was the Attorney General's certificate under section 53(2) lawfully issued on reasonable grounds?
  3. 3 Is the application of section 53(2) to environmental information compatible with the Environmental Information Regulations 2004 and Directive 2003/4/EC?

Ratio Decidendi

The Attorney General's certificate under section 53(2) of the Freedom of Information Act 2000 was issued on reasonable grounds, as required by the statute. The reasons given were cogent and rational, and the certificate was not vitiated by merely disagreeing with the Upper Tribunal's assessment. The availability of judicial review provides sufficient judicial oversight to satisfy both domestic constitutional requirements and the requirements of Directive 2003/4/EC and the Aarhus Convention for environmental information. Accordingly, the claim for judicial review is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No quashing order is granted.