Paul Calvert v The Information Commissioner & Anor

Paul Calvert v The Information Commissioner & Anor

The Authority was entitled to rely on section 12(1) FOIA because the cost of compliance would exceed the appropriate limit due to system constraints requiring manual searches; the Authority had not breached section 16 as no reasonable advice or assistance could bring the Request within the limit.

Parties
Appellant: Paul Calvert; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of Northumbria Police
Jurisdiction
England and Wales
Judgment Date
12 May 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Section 12 Exemption, Section 16 Duty to Provide Advice and Assistance
Information Rights Administrative Law Freedom of Information Act Section 12 Exemption Section 16 Duty to Provide Advice and Assistance

Case Brief

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Parties

Paul Calvert

Appellant

The Information Commissioner

First Respondent

The Chief Constable of Northumbria Police

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Authority was entitled to rely on section 12(1) FOIA to refuse the Request
  2. 2 Whether the Authority complied with section 16 FOIA duty to provide advice and assistance

Ratio Decidendi

The Authority was entitled to rely on section 12(1) FOIA because the cost of compliance would exceed the appropriate limit due to system constraints requiring manual searches; the Authority had not breached section 16 as no reasonable advice or assistance could bring the Request within the limit.

Court Disposition

Appeal dismissed