Michael John Ashwin v The Information Commissioner & Anor

Michael John Ashwin v The Information Commissioner & Anor

The Tribunal found that, considering the burden of the request in the context of the Appellant's extensive and repetitive dealings with the Environment Agency, his motive, the diminished serious purpose, and the distress caused to staff, the request was manifestly unreasonable under Regulation 12(4)(b) EIR. The public interest in maintaining the exception outweighed the public interest in disclosure.

Parties
Appellant: Michael John Ashwin; First Respondent: The Information Commissioner; Second Respondent: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Manifestly Unreasonable Requests, Public Interest Test, Vexatious Requests
Information Rights Environmental Law Environmental Information Regulations Manifestly Unreasonable Requests Public Interest Test Vexatious Requests

Case Brief

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Parties

Michael John Ashwin

Appellant

The Information Commissioner

First Respondent

The Environment Agency

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Environment Agency was entitled to refuse the information request as manifestly unreasonable under Regulation 12(4)(b) of the Environmental Information Regulations

Ratio Decidendi

The Tribunal found that, considering the burden of the request in the context of the Appellant's extensive and repetitive dealings with the Environment Agency, his motive, the diminished serious purpose, and the distress caused to staff, the request was manifestly unreasonable under Regulation 12(4)(b) EIR. The public interest in maintaining the exception outweighed the public interest in disclosure.

Court Disposition

Appeal dismissed

Orders

  • The Environment Agency is entitled to refuse to provide the information requested by the Appellant on 24 May 2022 on the basis that the request is manifestly unreasonable pursuant to Regulation 12(4)(b) of the Environmental Information Regulations.