Peter Marshall v The Information Commissioner

Peter Marshall v The Information Commissioner

The Tribunal found the Council failed to provide timely advice and assistance, resulting in repeated requests. The request was not vexatious as it had reasonable foundation and public value. The Council's burden was not disproportionate given the circumstances. Section 14(1) FOIA did not apply.

Parties
Appellant: Peter Marshall; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information Act, Vexatious Requests, Public Authority Disclosure
Administrative Law Information Rights Freedom of Information Act Vexatious Requests Public Authority Disclosure

Case Brief

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Parties

Peter Marshall

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Council was entitled to rely on section 14(1) FOIA to refuse the request as vexatious

Ratio Decidendi

The Tribunal found the Council failed to provide timely advice and assistance, resulting in repeated requests. The request was not vexatious as it had reasonable foundation and public value. The Council's burden was not disproportionate given the circumstances. Section 14(1) FOIA did not apply.

Court Disposition

Appeal allowed

Orders

  • No further steps are ordered.