Paul John Calvert v The Information Commissioner & Anor

Paul John Calvert v The Information Commissioner & Anor

NHSE was entitled to rely on section 41 FOIA to withhold the disputed information because it was obtained from another person, imparted in confidence, not in the public domain, and disclosure would be detrimental to CQC's regulatory functions. The public interest in disclosure did not outweigh the public interest in...

Source-derived case information.

Parties
Appellant: Paul John Calvert; Respondent: Information Commissioner; Respondent: NHS England
Jurisdiction
England and Wales
Judgment Date
11 June 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Confidentiality, Public Interest, Regulatory Functions
Information Law Administrative Law Freedom of Information Act Confidentiality Public Interest Regulatory Functions

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Parties

Paul John Calvert

Appellant

Information Commissioner

Respondent

NHS England

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether NHS England was entitled to rely on section 41 FOIA to withhold disputed information
  2. 2 Whether the information was obtained from another person and imparted in confidence
  3. 3 Whether disclosure would constitute an actionable breach of confidence

Ratio Decidendi

NHSE was entitled to rely on section 41 FOIA to withhold the disputed information because it was obtained from another person, imparted in confidence, not in the public domain, and disclosure would be detrimental to CQC's regulatory functions. The public interest in disclosure did not outweigh the public interest in maintaining confidentiality.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; NHS England entitled to withhold disputed information under section 41 FOIA