Innes v Information Commissioner & Anor [2014] EWCA Civ 1086 (31 July 2014)

Innes v Information Commissioner & Anor [2014] EWCA Civ 1086 (31 July 2014)

Section 11(1) of the Freedom of Information Act 2000 entitles an applicant to specify the software format (such as Excel) in which information is to be provided, provided the request is made contemporaneously with the substantive request for information; Mr Innes's request for Excel format was valid and should have...

Source-derived case information.

Citation
[2014] EWCA Civ 1086
Parties
Appellant: Nick Innes; First Respondent: Information Commissioner; Second Respondent: Buckinghamshire County Council
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Freedom of Information Act 2000, Means of Communication of Information, Section 11 Requests, Section 16 Duty to Assist, Electronic Data Formats, Public Authority Obligations
Administrative Law Information Law Freedom of Information Act 2000 Means of Communication of Information Section 11 Requests Section 16 Duty to Assist Electronic Data Formats Public Authority Obligations

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Parties

Nick Innes

Appellant

Information Commissioner

First Respondent

Buckinghamshire County Council

Second Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether section 11(1) of the Freedom of Information Act 2000 entitles an applicant to specify the software format (e.g., Excel) in which information is to be provided
  2. 2 Whether the applicant's request for information in Excel format was made 'on making his request for information' as required by section 11(1)
  3. 3 Whether Buckinghamshire County Council breached its duty under section 16 to provide advice and assistance regarding database headers

Ratio Decidendi

Section 11(1) of the Freedom of Information Act 2000 entitles an applicant to specify the software format (such as Excel) in which information is to be provided, provided the request is made contemporaneously with the substantive request for information; Mr Innes's request for Excel format was valid and should have been complied with. The Council did not breach its section 16 duty as it provided annotated screenshots and offered further explanation, which satisfied the statutory requirement.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Buckinghamshire County Council to provide the requested information to Mr Innes in Excel file format, unless representations are made within 21 days for a different order.
  • Appeal dismissed regarding the section 16 complaint; no breach of duty to assist found.