Paul John Calvert v The Information Commissioner & Anor

Paul John Calvert v The Information Commissioner & Anor

The Trust was entitled to rely on section 41 FOIA to withhold most of the disputed information because disclosure would constitute an actionable breach of confidence, and the public interest in maintaining confidentiality was not outweighed by the public interest in disclosure. However, certain specified information did not meet the requirements for confidentiality and must be disclosed.

Parties
Appellant: Paul John Calvert; First Respondent: The Information Commissioner; Second Respondent: North East Ambulance Service NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Confidentiality, Public Interest, Whistleblowing, Data Protection
Information Law Administrative Law Freedom of Information Confidentiality Public Interest Whistleblowing Data Protection

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Parties

Paul John Calvert

Appellant

The Information Commissioner

First Respondent

North East Ambulance Service NHS Foundation Trust

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Trust was entitled to rely on section 41 FOIA to withhold information
  2. 2 Whether disclosure would constitute an actionable breach of confidence
  3. 3 Whether the public interest in disclosure outweighs the public interest in maintaining confidentiality

Ratio Decidendi

The Trust was entitled to rely on section 41 FOIA to withhold most of the disputed information because disclosure would constitute an actionable breach of confidence, and the public interest in maintaining confidentiality was not outweighed by the public interest in disclosure. However, certain specified information did not meet the requirements for confidentiality and must be disclosed.

Court Disposition

Appeal allowed in part

Orders

  • The Trust must disclose paragraph 2 on page 187 of the report and pages 191-192 of the report, subject to redaction as set out in the Closed Annex.
  • The remainder of the withheld material is exempt from disclosure under section 41 FOIA.