Mark Bill v The Information Commissioner & Anor

Mark Bill v The Information Commissioner & Anor

The Commissioner was entitled to limit his inquiry to the Neighbourhood Plan Steering Group minutes with the Appellant’s tacit agreement, and on the balance of probabilities, no such minutes were held by the Council at the relevant time.

Parties
Appellant: Michael Bell; First Respondent: The Information Commissioner; Second Respondent: East Woodhay Parish Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Scope of Information Requests, Public Authority Obligations
Administrative Law Information Rights Environmental Law Environmental Information Regulations Freedom of Information Scope of Information Requests Public Authority Obligations

Case Brief

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Parties

Michael Bell

Appellant

The Information Commissioner

First Respondent

East Woodhay Parish Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Council held environmental information within the scope of the Appellant’s request at the time of the request
  2. 2 Whether the Information Commissioner lawfully limited the scope of his investigation to Neighbourhood Plan Steering Group minutes

Ratio Decidendi

The Commissioner was entitled to limit his inquiry to the Neighbourhood Plan Steering Group minutes with the Appellant’s tacit agreement, and on the balance of probabilities, no such minutes were held by the Council at the relevant time.

Court Disposition

Appeal dismissed