Robert Fortner v The Information Commissioner & Anor

Robert Fortner v The Information Commissioner & Anor

UKRI conducted a reasonable and proportionate search; only substantive correspondence regarding research integrity falls within scope; withheld email chain engages s.41(1) and s.40(1) FOIA, and public interest does not override confidentiality; appeal dismissed.

Parties
Appellant: Robert Fortner; First Respondent: The Information Commissioner; Second Respondent: UK Research and Innovation
Jurisdiction
England and Wales
Judgment Date
26 February 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Personal Data, Confidentiality, Research Integrity
Information Rights Administrative Law Freedom of Information Act Personal Data Confidentiality Research Integrity

Case Brief

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Parties

Robert Fortner

Appellant

The Information Commissioner

First Respondent

UK Research and Innovation

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether UKRI properly withheld emails under FOIA exemptions s.40(2) and s.41(1)
  2. 2 Whether emails containing 'research integrity' fall within scope of the request
  3. 3 Whether public interest overrides confidentiality in withheld email chain

Ratio Decidendi

UKRI conducted a reasonable and proportionate search; only substantive correspondence regarding research integrity falls within scope; withheld email chain engages s.41(1) and s.40(1) FOIA, and public interest does not override confidentiality; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • No further disclosure required
  • Withheld email chain remains confidential