Ivan Murray-Smith & Ors v The Information Commissioner & Anor

Ivan Murray-Smith & Ors v The Information Commissioner & Anor

The requested information is environmental information under the EIR. Disclosure would or would be likely to adversely affect public safety and the course of justice due to the mosaic effect and increased risk of attacks on infrastructure and individuals. The public interest in withholding the information outweighs the public interest in disclosure. Requests made after 11 October 2023 were manifestly unreasonable. All appeals are dismissed.

Parties
Appellant: Ivan Murray-Smith; Appellant: Amit Agarwal; Appellant: Isaac Gluck; Appellant: Derek Dishman; First Respondent: The Information Commissioner; Second Respondent: Transport for London
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Public Safety, Course of Justice, Manifestly Unreasonable Requests
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Public Safety Course of Justice Manifestly Unreasonable Requests

Case Brief

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Parties

Ivan Murray-Smith

Appellant

Amit Agarwal

Appellant

Isaac Gluck

Appellant

Derek Dishman

Appellant

The Information Commissioner

First Respondent

Transport for London

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requested information is environmental information under the EIR
  2. 2 Whether the exceptions under regulation 12(5)(a) and (b) EIR apply
  3. 3 Whether the public interest in withholding outweighs disclosure

Ratio Decidendi

The requested information is environmental information under the EIR. Disclosure would or would be likely to adversely affect public safety and the course of justice due to the mosaic effect and increased risk of attacks on infrastructure and individuals. The public interest in withholding the information outweighs the public interest in disclosure. Requests made after 11 October 2023 were manifestly unreasonable. All appeals are dismissed.

Court Disposition

Appeals dismissed