George Malley v The Information Commissioner & Anor

George Malley v The Information Commissioner & Anor

The requested case numbers were held by the CFO only by virtue of being contained in documents created by a court or its administrative staff for the purposes of proceedings, thus engaging the absolute exemption under s32(1)(c) of the Freedom of Information Act 2000. Discretion does not arise in the application of this exemption.

Parties
Appellant: Mr George Malley; First Respondent: The Information Commissioner; Second Respondent: The Accountant General of the Senior Courts
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Information Rights Appeal / Appeal Determination on Written Representations
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Court Records Exemption, Public Authority Disclosure
Information Law Administrative Law Freedom of Information Court Records Exemption Public Authority Disclosure

Case Brief

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Parties

Mr George Malley

Appellant

The Information Commissioner

First Respondent

The Accountant General of the Senior Courts

Second Respondent

Procedural Posture

Information Rights Appeal / Appeal Determination on Written Representations

Legal Issues

  1. 1 Whether the requested case numbers are exempt from disclosure under s32(1)(c) of the Freedom of Information Act 2000
  2. 2 Whether the public authority exercised discretion appropriately in handling the request
  3. 3 Whether the status of the original documents at the time of request affects the exemption

Ratio Decidendi

The requested case numbers were held by the CFO only by virtue of being contained in documents created by a court or its administrative staff for the purposes of proceedings, thus engaging the absolute exemption under s32(1)(c) of the Freedom of Information Act 2000. Discretion does not arise in the application of this exemption.

Court Disposition

Appeal dismissed