John Evans v The Information Commissioner & Anor

John Evans v The Information Commissioner & Anor

The FCA was entitled to rely on section 44 of FOIA to refuse to confirm or deny holding the requested information because the information constituted 'confidential information' under section 348 of the Financial Services and Markets Act 2000, which prohibits disclosure without consent. The term 'person' includes bodies corporate, and the Tribunal's remit does not extend to policy considerations.

Parties
Appellant: Mr John Evans; First Respondent: The Information Commissioner; Second Respondent: The Financial Conduct Authority
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Statutory Exemptions, Confidential Information, Financial Services Regulation
Information Rights Regulatory Law Freedom of Information Act Statutory Exemptions Confidential Information Financial Services Regulation

Case Brief

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Parties

Mr John Evans

Appellant

The Information Commissioner

First Respondent

The Financial Conduct Authority

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the FCA was entitled to rely on section 44 of FOIA to refuse to confirm or deny holding the requested information
  2. 2 Whether the information requested constituted 'confidential information' under the Financial Services and Markets Act 2000, section 348
  3. 3 Whether the term 'person' in the Financial Services and Markets Act 2000 includes bodies corporate

Ratio Decidendi

The FCA was entitled to rely on section 44 of FOIA to refuse to confirm or deny holding the requested information because the information constituted 'confidential information' under section 348 of the Financial Services and Markets Act 2000, which prohibits disclosure without consent. The term 'person' includes bodies corporate, and the Tribunal's remit does not extend to policy considerations.

Court Disposition

Appeal dismissed