Ian Driver v Information Commissioner

Ian Driver v Information Commissioner

The withheld information is commercial in nature, confidential, not in the public domain, and disclosure would adversely affect legitimate economic interests of both the Council and Brett Aggregates. The public interest in maintaining confidentiality outweighs the public interest in disclosure. The information does not relate to emissions and Regulation 12(9) is not engaged.

Parties
Appellant: Ian Driver; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Confidentiality of Commercial Information, Public Interest Test, Disclosure of Environmental Information
Information Rights Environmental Law Environmental Information Regulations Confidentiality of Commercial Information Public Interest Test Disclosure of Environmental Information

Case Brief

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Parties

Ian Driver

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Regulation 12(5)(e) of the Environmental Information Regulations 2004 is engaged by the withheld information
  2. 2 Whether the public interest in maintaining the exception outweighs the public interest in disclosure
  3. 3 Whether Regulation 12(9) is engaged because the information relates to emissions

Ratio Decidendi

The withheld information is commercial in nature, confidential, not in the public domain, and disclosure would adversely affect legitimate economic interests of both the Council and Brett Aggregates. The public interest in maintaining confidentiality outweighs the public interest in disclosure. The information does not relate to emissions and Regulation 12(9) is not engaged.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Council was entitled to rely on Regulation 12(5)(e) of the Environmental Information Regulations 2004 to withhold the information requested.