Liam McCarthy v The Information Commissioner
On the balance of probabilities, the Council did not hold any information within the scope of the request because any relevant emails were held by councillors in their capacity as elected members, not on behalf of the Council as a public authority.
- Parties
- Appellant: Liam McCarthy; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 30 May 2024
- Procedural Posture
- Information Rights Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Freedom of Information, Environmental Information Regulations, Public Authority Records, Scope of Information Held, Role of Councillors
Case Brief
Summary, issues, holding and outcome
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Parties
Liam McCarthy
Appellant
The Information Commissioner
Respondent
Procedural Posture
Information Rights Appeal / Final Judgment
Legal Issues
- 1 Whether the Council held information within the scope of the request under FOIA/EIR
- 2 Whether councillors' emails were held on behalf of the Council
Ratio Decidendi
On the balance of probabilities, the Council did not hold any information within the scope of the request because any relevant emails were held by councillors in their capacity as elected members, not on behalf of the Council as a public authority.
Court Disposition
appeal dismissed
Full Case Text
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