Aaron Walawalkar v The Information Commissioner & Anor
Section 11(1) of FOIA requires an 'all or nothing' approach; the public authority must provide all requested information in the preferred means if reasonably practicable, not partial compliance. The appeal fails because it was not reasonably practicable for the MCA to provide transcripts of all requested audio calls.
- Parties
- Appellant: Mr Aaron Walawalkar; First Respondent: The Information Commissioner; Second Respondent: The Maritime and Coastguard Agency
- Jurisdiction
- England and Wales
- Judgment Date
- 11 December 2024
- Procedural Posture
- Appeal / Upper Tribunal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Freedom of Information, Means of Communication, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Aaron Walawalkar
Appellant
The Information Commissioner
First Respondent
The Maritime and Coastguard Agency
Second Respondent
Procedural Posture
Appeal / Upper Tribunal Judgment
Legal Issues
- 1 Whether section 11(1) of FOIA requires a 'sliding scale' or 'all or nothing' test for preferred means of communication
- 2 Whether section 11(1) is relevant before exemptions under FOIA are considered
- 3 Whether transcripts of audio calls are 'held' information under FOIA
Ratio Decidendi
Section 11(1) of FOIA requires an 'all or nothing' approach; the public authority must provide all requested information in the preferred means if reasonably practicable, not partial compliance. The appeal fails because it was not reasonably practicable for the MCA to provide transcripts of all requested audio calls.
Court Disposition
Appeal dismissed
Full Case Text
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