John Mitchell v The Information Commissioner
The Tribunal found that the Trust does not hold the specific information requested by Mr Mitchell within the meaning of the EIR. The fact that the Trust may hold information used by others to estimate deaths linked to air pollution does not mean the Trust itself holds the requested information. The Decision Notice...
Source-derived case information.
- Parties
- Appellant: John Mitchell; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 02 May 2026
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Environmental Information Regulations, Freedom of Information, Duty to Disclose, Information Held by Public Authority
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mitchell
Appellant
The Information Commissioner
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the University Hospitals Plymouth NHS Foundation Trust holds the requested environmental information within the meaning of the EIR
- 2 Whether the Decision Notice by the Information Commissioner was correct in law and discretion
Ratio Decidendi
The Tribunal found that the Trust does not hold the specific information requested by Mr Mitchell within the meaning of the EIR. The fact that the Trust may hold information used by others to estimate deaths linked to air pollution does not mean the Trust itself holds the requested information. The Decision Notice was not wrong in law or discretion.
Court Disposition
Appeal dismissed
Full Case Text
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