R (on the application of Evans) and another v Attorney General

R (on the application of Evans) and another v Attorney General

Section 53 of the FOIA 2000 does not permit the executive to override a judicial decision on disclosure merely because it disagrees with the tribunal's evaluation of the public interest; such override is only permissible on limited grounds such as material change of circumstances or demonstrable flaw in the tribunal's decision. For environmental information, EU law requires that judicial decisions be final and binding, rendering the executive override invalid in that context.

Parties
Applicant: Rob Evans; Applicant: Guardian News & Media Ltd; Respondent: Attorney General; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
26 March 2015
Procedural Posture
Judicial Review / Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Executive Override, Disclosure of Government Information, Environmental Information, Judicial Review, Separation of Powers
Constitutional Law Administrative Law Freedom of Information EU Law Executive Override Disclosure of Government Information Environmental Information Judicial Review +1 more

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Parties

Rob Evans

Applicant

Guardian News & Media Ltd

Applicant

Attorney General

Respondent

Information Commissioner

Respondent

Procedural Posture

Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Whether section 53 of the Freedom of Information Act 2000 permits the executive to override a judicial decision on disclosure
  2. 2 Whether the Attorney General's certificate was valid under domestic law
  3. 3 Whether the certificate was compatible with EU Directive 2003/4/EC regarding environmental information

Ratio Decidendi

Section 53 of the FOIA 2000 does not permit the executive to override a judicial decision on disclosure merely because it disagrees with the tribunal's evaluation of the public interest; such override is only permissible on limited grounds such as material change of circumstances or demonstrable flaw in the tribunal's decision. For environmental information, EU law requires that judicial decisions be final and binding, rendering the executive override invalid in that context.

Court Disposition

Appeal dismissed

Orders

  • Attorney General's certificate quashed
  • Advocacy correspondence to be disclosed as per Upper Tribunal's determination