Peter Marshall v The Information Commissioner

Peter Marshall v The Information Commissioner

On the balance of probabilities, Westminster City Council did not hold the requested information at the time of the request, and was not required to provide further advice or assistance beyond what was given. The Information Commissioner's Decision Notice was in accordance with the law.

Parties
Appellant: Peter Marshall; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
01 May 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Public Authority Duties, Advice and Assistance, Information Held by Public Authorities
Information Law Administrative Law Environmental Information Regulations Freedom of Information Public Authority Duties Advice and Assistance Information Held by Public Authorities

Case Brief

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Parties

Peter Marshall

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Westminster City Council held the requested environmental information at the time of the request
  2. 2 Whether the Council was required to provide advice and assistance under Regulation 9 of the EIR
  3. 3 Whether the Information Commissioner's Decision Notice was in accordance with the law

Ratio Decidendi

On the balance of probabilities, Westminster City Council did not hold the requested information at the time of the request, and was not required to provide further advice or assistance beyond what was given. The Information Commissioner's Decision Notice was in accordance with the law.

Court Disposition

Appeal dismissed