Neil Jinks v The Information Commissioner

Neil Jinks v The Information Commissioner

On the balance of probabilities, the Trust did not hold the disputed information at the time of the request, and there is no credible evidence that the Trust withheld or destroyed relevant records. The Information Commissioner's decision was correct in law.

Parties
Appellant: Mr Neil Jinks; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
07 September 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Disclosure of Information, Public Authority Obligations
Information Law Administrative Law Freedom of Information Disclosure of Information Public Authority Obligations

Case Brief

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Parties

Mr Neil Jinks

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Trust held information requested under the Freedom of Information Act 2000 at the time of the request
  2. 2 Whether the Trust withheld or destroyed records to avoid disclosure
  3. 3 Whether the Information Commissioner's decision notice was correct in law

Ratio Decidendi

On the balance of probabilities, the Trust did not hold the disputed information at the time of the request, and there is no credible evidence that the Trust withheld or destroyed relevant records. The Information Commissioner's decision was correct in law.

Court Disposition

Appeal dismissed