Keeley-Jasmine Cavendish v The Information Commissioner & Anor

Keeley-Jasmine Cavendish v The Information Commissioner & Anor

The Tribunal found that the withheld information was confidential, imparted in circumstances importing an obligation of confidence, and that disclosure would constitute an actionable breach of confidence under section 41 FOIA. There was no overriding public interest in disclosure. Additionally, disclosure would, or would be likely to, prejudice the administration of justice and the EHRC's regulatory functions, engaging section 31 FOIA. The public interest in maintaining these exemptions outweighed any public interest in disclosure. The appeal was therefore dismissed.

Parties
Appellant: Keeley-Jasmine Cavendish; First Respondent: The Information Commissioner; Second Respondent: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Confidentiality, Public Interest, Law Enforcement Exemption
Information Law Administrative Law Freedom of Information Confidentiality Public Interest Law Enforcement Exemption

Case Brief

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Parties

Keeley-Jasmine Cavendish

Appellant

The Information Commissioner

First Respondent

Equality and Human Rights Commission

Second Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether the withheld information is exempt from disclosure under section 41 of the Freedom of Information Act 2000 (FOIA) as information provided in confidence
  2. 2 Whether the public interest in disclosure outweighs the duty of confidence
  3. 3 Whether section 31 FOIA (law enforcement exemption) applies to the withheld information

Ratio Decidendi

The Tribunal found that the withheld information was confidential, imparted in circumstances importing an obligation of confidence, and that disclosure would constitute an actionable breach of confidence under section 41 FOIA. There was no overriding public interest in disclosure. Additionally, disclosure would, or would be likely to, prejudice the administration of justice and the EHRC's regulatory functions, engaging section 31 FOIA. The public interest in maintaining these exemptions outweighed any public interest in disclosure. The appeal was therefore dismissed.

Court Disposition

appeal dismissed