Peter John Selley v The Information Commissioner

Peter John Selley v The Information Commissioner

The Tribunal found that there was no evidence or explanation provided to demonstrate that disclosure of the Trial Protocol and Investigator’s Brochure would prejudice Moderna’s commercial interests. Without proof of likely prejudice, the exemption under section 43(2) FOIA does not apply, and the documents must be disclosed.

Parties
Appellant: Peter John Selley; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
05 December 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Commercial Interests Exemption, Public Interest Test, Disclosure of Clinical Trial Documents
Information Law Administrative Law Freedom of Information Commercial Interests Exemption Public Interest Test Disclosure of Clinical Trial Documents

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Parties

Peter John Selley

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether disclosure of the Trial Protocol and Investigator’s Brochure would, or would be likely to, prejudice the commercial interests of Moderna under section 43(2) FOIA
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure

Ratio Decidendi

The Tribunal found that there was no evidence or explanation provided to demonstrate that disclosure of the Trial Protocol and Investigator’s Brochure would prejudice Moderna’s commercial interests. Without proof of likely prejudice, the exemption under section 43(2) FOIA does not apply, and the documents must be disclosed.

Court Disposition

Appeal allowed

Orders

  • The Health Research Authority must serve the Substituted Decision Notice on Moderna by 4pm on 26 May 2025.
  • The Health Research Authority must disclose the Trial Protocol and Investigator’s Brochure – mRNA 1273 version 8.0 21 December 2021 relating to the NextCOVE trial to the Appellant by 5pm on 10 July 2025.