Richard Holt v The Information Commissioner & Anor

Richard Holt v The Information Commissioner & Anor

The Ministry of Justice does not hold original wills as a public authority under FOIA but as part of its judicial function under the control of the High Court; therefore, the requested information is not subject to disclosure under FOIA.

Parties
Appellant: Richard Holt; First Respondent: Information Commissioner; Second Respondent: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Information Rights Appeal / Judgment After Full Hearing
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Public Records, Judicial Function, Access to Court Records
Information Law Administrative Law Freedom of Information Act Public Records Judicial Function Access to Court Records

Case Brief

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Parties

Richard Holt

Appellant

Information Commissioner

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

Information Rights Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Ministry of Justice holds original wills as a public authority under FOIA
  2. 2 Whether the requested information is accessible under FOIA or other statutory regimes

Ratio Decidendi

The Ministry of Justice does not hold original wills as a public authority under FOIA but as part of its judicial function under the control of the High Court; therefore, the requested information is not subject to disclosure under FOIA.

Court Disposition

Appeal dismissed