Michael Murray v The Information Commissioner

Michael Murray v The Information Commissioner

The Tribunal found that the Forestry Commission did not hold the requested earlier versions of the Detailed Desk Study report at the time of the request, as these were only accessible via a link and not downloaded or otherwise possessed by the Commission. There was no evidence that the Consultants held the drafts on behalf of the Commission. Accordingly, the appeal was dismissed.

Parties
Appellant: Michael Murray; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
03 April 2025
Procedural Posture
Appeal / Final Decision on the Papers
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Disclosure Obligations, Public Authority Records
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Disclosure Obligations Public Authority Records

Case Brief

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Parties

Michael Murray

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Decision on the Papers

Legal Issues

  1. 1 Whether the Forestry Commission held the requested environmental information at the time of the request
  2. 2 Whether earlier versions or drafts of the Detailed Desk Study report were held by the Forestry Commission or on its behalf

Ratio Decidendi

The Tribunal found that the Forestry Commission did not hold the requested earlier versions of the Detailed Desk Study report at the time of the request, as these were only accessible via a link and not downloaded or otherwise possessed by the Commission. There was no evidence that the Consultants held the drafts on behalf of the Commission. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed