Lawrence Dunhill v The Information Commissioner & Anor

Lawrence Dunhill v The Information Commissioner & Anor

The Trust was not entitled to refuse to confirm or deny whether it held the PwC review under FOIA s40(5B)(a)(i) or s41(2), as the balance of legitimate interest, necessity, and minimal prejudice to privacy rights required a substantive response. The Commissioner erred in law by upholding the Trust's NCND response, and the public interest balancing test applies to s40(5B)(a)(i).

Parties
Appellant: Lawrence Dunhill; First Respondent: The Information Commissioner; Second Respondent: Bolton NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
28 November 2025
Procedural Posture
Appeal / Decision on Appeal After Written Representations, No Hearing
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Personal Data, Public Interest, Duty to Confirm or Deny, Confidential Information
Information Law Data Protection Law Administrative Law Freedom of Information Personal Data Public Interest Duty to Confirm or Deny Confidential Information

Case Brief

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Parties

Lawrence Dunhill

Appellant

The Information Commissioner

First Respondent

Bolton NHS Foundation Trust

Second Respondent

Procedural Posture

Appeal / Decision on Appeal After Written Representations, No Hearing

Legal Issues

  1. 1 Whether the Trust was entitled to neither confirm nor deny (NCND) holding the PwC review under FOIA s40(5B)(a)(i) and s41(2)
  2. 2 Whether confirming or denying holding the PwC review would breach data protection principles or constitute an actionable breach of confidence

Ratio Decidendi

The Trust was not entitled to refuse to confirm or deny whether it held the PwC review under FOIA s40(5B)(a)(i) or s41(2), as the balance of legitimate interest, necessity, and minimal prejudice to privacy rights required a substantive response. The Commissioner erred in law by upholding the Trust's NCND response, and the public interest balancing test applies to s40(5B)(a)(i).

Court Disposition

Appeal allowed

Orders

  • A substituted Decision Notice is issued: The Trust was not entitled to refuse to confirm or deny holding the PwC review under FOIA s40(5B)(a)(i) and s41(2).
  • The Trust must, within 28 days, deliver a fresh response to the PwC review aspect of the request, satisfying FOIA s1(1)(a).