Melanie Newman v The Information Commissioner & Anor.

Melanie Newman v The Information Commissioner & Anor.

The tribunal found that the QP's opinion that disclosure would be likely to inhibit the free and frank exchange of views for the purposes of deliberation was substantively reasonable, given the sensitivity and ongoing nature of the issues, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The appeal was therefore dismissed.

Parties
Appellant: Melanie Newman; First Respondent: The Information Commissioner; Second Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
08 September 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Public Interest Test, Chilling Effect, Safe Space for Deliberation, Disclosure of Policy Development Communications
Information Law Administrative Law Freedom of Information Public Interest Test Chilling Effect Safe Space for Deliberation Disclosure of Policy Development Communications

Case Brief

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Parties

Melanie Newman

Appellant

The Information Commissioner

First Respondent

The Crown Prosecution Service

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the CPS was entitled to rely on s 36(2)(b)(ii) FOIA to withhold information
  2. 2 Whether the Qualified Person's opinion was substantively reasonable
  3. 3 Whether the public interest in maintaining the exemption outweighed the public interest in disclosure

Ratio Decidendi

The tribunal found that the QP's opinion that disclosure would be likely to inhibit the free and frank exchange of views for the purposes of deliberation was substantively reasonable, given the sensitivity and ongoing nature of the issues, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The CPS was entitled to rely on s 36(2)(b)(ii) to withhold the requested information.