Richard and Joan Taylor v Information Commissioner & Anor

Richard and Joan Taylor v Information Commissioner & Anor

On the balance of probabilities, the Parish Council did not hold the requested information at the time of the request, and Regulation 12(4)(a) of the Environmental Information Regulations applies. The Information Commissioner's Decision Notice was correct and lawful.

Parties
Appellant: Richard Taylor; Appellant: Joan Taylor; Respondent: Information Commissioner; Respondent: Ennerdale and Kinniside Parish Council
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Environmental Information Regulations, Records Retention, Public Authority Duties, Freedom of Information
Information Rights Environmental Law Administrative Law Environmental Information Regulations Records Retention Public Authority Duties Freedom of Information

Case Brief

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Parties

Richard Taylor

Appellant

Joan Taylor

Appellant

Information Commissioner

Respondent

Ennerdale and Kinniside Parish Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Parish Council held the requested environmental information at the time of the request
  2. 2 Whether Regulation 12(4)(a) of the Environmental Information Regulations applies
  3. 3 Whether the Information Commissioner's Decision Notice was in accordance with the law

Ratio Decidendi

On the balance of probabilities, the Parish Council did not hold the requested information at the time of the request, and Regulation 12(4)(a) of the Environmental Information Regulations applies. The Information Commissioner's Decision Notice was correct and lawful.

Court Disposition

appeal dismissed

Orders

  • No further steps required by the Parish Council.
  • The Tribunal dismisses the appeal.