Ian Driver v The Information Commissioner

Ian Driver v The Information Commissioner

Regulation 12(4)(d) was not engaged for information on money actually spent as at the request date, so that information must be disclosed; regulation 12(4)(d) was engaged for information on future liabilities, and the public interest test favoured withholding that incomplete information. The Council breached...

Source-derived case information.

Parties
Appellant: Ian Driver; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
23 April 2026
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed in part
Legal Topics
Environmental Information Regulations, Public Interest Test, Regulation 12(4)(d), Regulation 14(2), Regulation 11(4), Freedom of Information
Information Rights Environmental Law Administrative Law Environmental Information Regulations Public Interest Test Regulation 12(4)(d) Regulation 14(2) Regulation 11(4) +1 more

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Parties

Ian Driver

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Environmental Information Regulations 2004 (EIRs) applied to the request
  2. 2 Whether regulation 12(4)(d) exception was engaged for the requested information
  3. 3 Whether the public interest test favoured disclosure or withholding

Ratio Decidendi

Regulation 12(4)(d) was not engaged for information on money actually spent as at the request date, so that information must be disclosed; regulation 12(4)(d) was engaged for information on future liabilities, and the public interest test favoured withholding that incomplete information. The Council breached regulation 14(2) and regulation 11(4) by failing to respond within statutory timeframes.

Court Disposition

appeal allowed in part

Orders

  • Council must disclose all information held within scope of Part 1 of the request
  • Council may withhold information within scope of Part 2 of the request under regulation 12(4)(d)