Paul Cawthorne v Information Commissioner

Paul Cawthorne v Information Commissioner

The Tribunal found that the Council had not established that the appellant’s request was manifestly unreasonable under regulation 12(4)(b) EIR. The number and frequency of requests were not excessive, the appellant’s motive was genuine, there was significant public interest in the information, and there was no...

Source-derived case information.

Parties
Appellant: Paul Cawthorne; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Manifestly Unreasonable Requests, Public Interest Test, Disclosure of Environmental Information
Information Law Environmental Law Environmental Information Regulations Manifestly Unreasonable Requests Public Interest Test Disclosure of Environmental Information

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Parties

Paul Cawthorne

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether Telford and Wrekin Council was entitled to withhold information under regulation 12(4)(b) of the Environmental Information Regulations 2004
  2. 2 Whether the request was manifestly unreasonable
  3. 3 Whether the public interest in maintaining the exception outweighed the public interest in disclosure

Ratio Decidendi

The Tribunal found that the Council had not established that the appellant’s request was manifestly unreasonable under regulation 12(4)(b) EIR. The number and frequency of requests were not excessive, the appellant’s motive was genuine, there was significant public interest in the information, and there was no evidence of harassment or improper conduct. The exception was not validly claimed and the Council was not entitled to withhold the information.

Court Disposition

Appeal allowed

Orders

  • The decision of the Respondent dated 18th April 2024 is set aside.
  • Telford and Wrekin Council are not entitled to withhold information under regulation 12(4)(b) of the Environmental Information Regulations 2004.