Philip Swift v The Information Commissioner & Anor

Philip Swift v The Information Commissioner & Anor

The Tribunal found the request to be vexatious under section 14(1) FOIA, considering the history of persistent, repetitive, and burdensome requests by the Appellant, the lack of new substantive evidence, and the holistic assessment required by law. The Decision Notice was lawful and reasonable.

Parties
Appellant: Philip Swift; First Respondent: Information Commissioner; Second Respondent: National Highways
Jurisdiction
England and Wales
Judgment Date
20 September 2022
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Vexatious Requests, Section 14 FOIA, Public Authority Duties
Information Law Administrative Law Freedom of Information Vexatious Requests Section 14 FOIA Public Authority Duties

Case Brief

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Parties

Philip Swift

Appellant

Information Commissioner

First Respondent

National Highways

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Appellant's FOIA request was vexatious under section 14(1)
  2. 2 Whether the Information Commissioner's Decision Notice was lawful and reasonable

Ratio Decidendi

The Tribunal found the request to be vexatious under section 14(1) FOIA, considering the history of persistent, repetitive, and burdensome requests by the Appellant, the lack of new substantive evidence, and the holistic assessment required by law. The Decision Notice was lawful and reasonable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is refused.