Janna Linde v The Information Commissioner & Anor
The appeal was struck out because, on the balance of probabilities, the Council does not hold the requested information, and there is no legal basis under FOIA to require the Council to hold information it does not possess. The Appellant's arguments were based on what should be held, not what is held, and credible evidence confirmed the records were disposed of per policy.
- Parties
- Appellant: Janna Linde; First Respondent: The Information Commissioner; Second Respondent: The Royal Borough of Kensington and Chelsea
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Appeal / Application to Strike Out Appeal
- Outcome
- Appeal struck out
- Legal Topics
- Freedom of Information, Retention of Records, Disclosure Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Janna Linde
Appellant
The Information Commissioner
First Respondent
The Royal Borough of Kensington and Chelsea
Second Respondent
Procedural Posture
Appeal / Application to Strike Out Appeal
Legal Issues
- 1 Whether the Council holds the requested information under the Freedom of Information Act 2000
- 2 Whether the appeal has a reasonable chance of success
Ratio Decidendi
The appeal was struck out because, on the balance of probabilities, the Council does not hold the requested information, and there is no legal basis under FOIA to require the Council to hold information it does not possess. The Appellant's arguments were based on what should be held, not what is held, and credible evidence confirmed the records were disposed of per policy.
Court Disposition
Appeal struck out
Orders
- The appeal is struck out.
Full Case Text
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