Pat McArdle v The Information Commissioner

Pat McArdle v The Information Commissioner

The Tribunal found that it was permissible for the Ministry of Justice to change the exemption relied upon to section 36(2)(b), that the qualified person’s opinion was reasonable, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. There was no material prejudice...

Source-derived case information.

Parties
Appellant: Pat McArdle; First Respondent: The Information Commissioner; Second Respondent: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
06 April 2025
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Government Policy Exemptions, Public Interest Test, Personal Injury Discount Rate
Information Law Administrative Law Freedom of Information Government Policy Exemptions Public Interest Test Personal Injury Discount Rate

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Summary, issues, holding and outcome

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Parties

Pat McArdle

Appellant

The Information Commissioner

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Ministry of Justice could rely on section 36(2)(b) of the Freedom of Information Act 2000 to withhold information after initially relying on section 35(1)(a)
  2. 2 Whether the failure to notify the appellant directly of the change in exemption invalidated the decision
  3. 3 Whether the public interest in maintaining the exemption outweighed the public interest in disclosure

Ratio Decidendi

The Tribunal found that it was permissible for the Ministry of Justice to change the exemption relied upon to section 36(2)(b), that the qualified person’s opinion was reasonable, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. There was no material prejudice to the appellant from the indirect notification of the change in exemption, and the exemption was correctly applied.

Court Disposition

appeal dismissed

Orders

  • The decision of the Information Commissioner dated 7 April 2024 is confirmed.