Penny Bence v Cornwall Council & Anor

Penny Bence v Cornwall Council & Anor

Cornwall Council was in contempt for failing to comply with paragraphs 2(a) and 2(b) of the Substituted Decision Notice within the stipulated period, and for issuing a refusal notice that was not EIR compliant due to inadequate search parameters. The contempt lasted until 23 July 2025, but ongoing contempt or breach...

Source-derived case information.

Parties
Applicant: Ms Penny Bence; First Respondent: Cornwall Council; Second Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Appeal / Upper Tribunal Determination Following Contempt Certification From First Tier Tribunal
Outcome
Contempt found and sanctioned; costs awarded.
Legal Topics
Freedom of Information Act (foia), Environmental Information Regulations (eir), Contempt of Court, Tribunal Procedure, Sanctions for Non Compliance
Information Rights Administrative Law Civil Procedure Freedom of Information Act (foia) Environmental Information Regulations (eir) Contempt of Court Tribunal Procedure Sanctions for Non Compliance

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Parties

Ms Penny Bence

Applicant

Cornwall Council

First Respondent

The Information Commissioner

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Determination Following Contempt Certification From First Tier Tribunal

Legal Issues

  1. 1 Whether Cornwall Council's conduct amounted to contempt for non-compliance with Substituted Decision Notice and Tribunal orders
  2. 2 Whether the refusal notice issued by Cornwall Council was EIR compliant
  3. 3 Whether the Council complied with the Tribunal's procedural directions

Ratio Decidendi

Cornwall Council was in contempt for failing to comply with paragraphs 2(a) and 2(b) of the Substituted Decision Notice within the stipulated period, and for issuing a refusal notice that was not EIR compliant due to inadequate search parameters. The contempt lasted until 23 July 2025, but ongoing contempt or breach of subsequent Tribunal orders was not proved. The appropriate sanction is publication of the findings and an award of costs.

Court Disposition

Contempt found and sanctioned; costs awarded.

Orders

  • Publication of this decision detailing Cornwall Council's contempt.
  • Cornwall Council to pay Applicant's costs in the agreed sum of £35,000.