Evans, R (On the Application Of) v The Information Commissioner

Evans, R (On the Application Of) v The Information Commissioner

The Attorney General did not have reasonable grounds for issuing the section 53(2) certificate merely because he disagreed with the Upper Tribunal’s decision. Something more, such as a material change of circumstances or a demonstrable error in the tribunal’s decision, is required. Section 53(2), unless read restrictively, is incompatible with EU law in so far as it allows the executive to override a final and binding tribunal decision regarding environmental information. The certificate must be quashed as it is unlawful both under domestic law and EU law.

Parties
Appellant: Mr Evans; Respondent: Her Majesty’s Attorney General; Interested Party: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
12 March 2014
Procedural Posture
Judicial Review / Appeal / Appeal From Divisional Court to Court of Appeal
Outcome
Certificate quashed; appeal allowed
Legal Topics
Freedom of Information, Environmental Information, Judicial Review, Finality of Judgments, Separation of Powers, Access to Justice, EU Charter of Fundamental Rights
Administrative Law Constitutional Law EU Law Information Law Freedom of Information Environmental Information Judicial Review Finality of Judgments +3 more

Case Brief

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Parties

Mr Evans

Appellant

Her Majesty’s Attorney General

Respondent

Information Commissioner

Interested Party

Procedural Posture

Judicial Review / Appeal / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 What is the test for determining whether an accountable person has shown 'reasonable grounds' for forming the opinion that a public authority has not failed to comply with section 1(1)(b) of the FOIA or regulation 5 of the EIR?
  2. 2 Did the Attorney General have reasonable grounds for issuing the certificate under section 53(2) of the FOIA?
  3. 3 Is the issue of a section 53(2) certificate to override a decision of the Upper Tribunal compatible with EU law, in particular the Environmental Information Directive 2003/4/EC and article 47 of the EU Charter of Fundamental Rights?

Ratio Decidendi

The Attorney General did not have reasonable grounds for issuing the section 53(2) certificate merely because he disagreed with the Upper Tribunal’s decision. Something more, such as a material change of circumstances or a demonstrable error in the tribunal’s decision, is required. Section 53(2), unless read restrictively, is incompatible with EU law in so far as it allows the executive to override a final and binding tribunal decision regarding environmental information. The certificate must be quashed as it is unlawful both under domestic law and EU law.

Court Disposition

Certificate quashed; appeal allowed

Orders

  • The section 53(2) certificate issued by the Attorney General is quashed.
  • The Attorney General did not have reasonable grounds for overriding the Upper Tribunal’s decision.