Julie Abbott v Information Commissioner

Julie Abbott v Information Commissioner

On the balance of probabilities, the Council does not hold the third party insurer's engineer's report requested by the appellant. The Council and its insurers confirmed they never received the report, and there is no evidence it was subsequently provided. The Tribunal's role is limited to determining whether...

Source-derived case information.

Parties
Appellant: Julie Abbott; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Environmental Information Regulations 2004, Disclosure of Environmental Information, Public Authority Record Keeping, Exceptions to Disclosure, Balance of Probabilities Standard
Information Law Environmental Law Administrative Law Environmental Information Regulations 2004 Disclosure of Environmental Information Public Authority Record Keeping Exceptions to Disclosure Balance of Probabilities Standard

Source-derived case record

Summary, issues, holding and outcome

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Parties

Julie Abbott

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Council holds further information within the scope of the appellant's request, specifically a third party insurer's engineer's report
  2. 2 Whether the Council's handling of the request and the Commissioner's decision were in accordance with the law

Ratio Decidendi

On the balance of probabilities, the Council does not hold the third party insurer's engineer's report requested by the appellant. The Council and its insurers confirmed they never received the report, and there is no evidence it was subsequently provided. The Tribunal's role is limited to determining whether information is held and the application of exceptions, not to address complaints about the conduct of the Council or the Commissioner. The appeal is therefore dismissed.

Court Disposition

appeal dismissed