Paul Elstone v Information Commissioner

Paul Elstone v Information Commissioner

Regulation 12(5)(e) EIR applies to the majority of the withheld information because disclosure would, on the balance of probabilities, harm the bargaining position and legitimate economic interests of 3 Rivers Developments Limited, and the public interest in maintaining the exception outweighs the public interest in disclosure. However, some information was already public or not confidential and must be disclosed.

Parties
Appellant: Paul Elstone; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Information Rights Appeal / Decision on Appeal, Determined Without a Hearing
Outcome
appeal allowed in part
Legal Topics
Environmental Information Regulations, Confidentiality of Commercial Information, Public Interest Test, Viability Assessments in Planning, Freedom of Information
Information Law Environmental Law Administrative Law Environmental Information Regulations Confidentiality of Commercial Information Public Interest Test Viability Assessments in Planning Freedom of Information

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Parties

Paul Elstone

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Decision on Appeal, Determined Without a Hearing

Legal Issues

  1. 1 Whether regulation 12(5)(e) of the Environmental Information Regulations 2004 applies to the withheld information
  2. 2 Whether disclosure would adversely affect the confidentiality of commercial or industrial information provided by law to protect a legitimate economic interest
  3. 3 Whether the public interest in maintaining the exception outweighs the public interest in disclosure

Ratio Decidendi

Regulation 12(5)(e) EIR applies to the majority of the withheld information because disclosure would, on the balance of probabilities, harm the bargaining position and legitimate economic interests of 3 Rivers Developments Limited, and the public interest in maintaining the exception outweighs the public interest in disclosure. However, some information was already public or not confidential and must be disclosed.

Court Disposition

appeal allowed in part

Orders

  • Mid Devon District Council to disclose to the Appellant, within 42 days, the column headings, content in the first two columns, and total value from the table in paragraph 4.2, and the column headings and content in the first two columns from the table in paragraph 4.7 of the Development Viability Review dated 13...
  • The remainder of the withheld information is lawfully withheld under regulation 12(5)(e) EIR.