James Coombs v Information Commissioner & Anor

James Coombs v Information Commissioner & Anor

The First-tier Tribunal's evaluative judgment that disclosure of the requested information would be detrimental to GLA, principally due to competitor advantage, was adequately reasoned and not perverse or irrational. The tribunal's finding that the public interest in protecting confidential commercial information outweighed the public interest in disclosure was a classic evaluative judgment within its expertise. No error of law was made out in the tribunal's reasoning or application of s41 FOIA. The appeal is dismissed.

Parties
Appellant: James Coombs; First Respondent: Information Commissioner; Second Respondent: The Buckinghamshire Grammar Schools
Jurisdiction
England and Wales
Judgment Date
05 July 2024
Procedural Posture
Appeal / Upper Tribunal Administrative Appeals Chamber, Determination on Papers
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act 2000, Breach of Confidence, Commercial Interests, Public Interest Defence, Adequacy of Reasons
Information Law Administrative Law Freedom of Information Act 2000 Breach of Confidence Commercial Interests Public Interest Defence Adequacy of Reasons

Case Brief

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Parties

James Coombs

Appellant

Information Commissioner

First Respondent

The Buckinghamshire Grammar Schools

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Administrative Appeals Chamber, Determination on Papers

Legal Issues

  1. 1 Whether disclosure of requested information would constitute an actionable breach of confidence under s41 FOIA
  2. 2 Whether public interest defence defeats breach of confidence
  3. 3 Whether disclosure would prejudice commercial interests under s43 FOIA

Ratio Decidendi

The First-tier Tribunal's evaluative judgment that disclosure of the requested information would be detrimental to GLA, principally due to competitor advantage, was adequately reasoned and not perverse or irrational. The tribunal's finding that the public interest in protecting confidential commercial information outweighed the public interest in disclosure was a classic evaluative judgment within its expertise. No error of law was made out in the tribunal's reasoning or application of s41 FOIA. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal under reference EA/2020/0310, dated 8 December 2023, is upheld.
  • No error of law found.