Storm Nuttall v The Information Commissioner

Storm Nuttall v The Information Commissioner

The Tribunal found that the withheld information constituted internal communications under Regulation 12(4)(e) EIR, and that the public interest in maintaining the exception significantly outweighed the public interest in disclosure, especially given the timing during the planning appeals window and the need for a...

Source-derived case information.

Parties
Appellant: Storm Nuttall; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Environmental Information Regulations, Public Interest Test, Internal Communications Exception
Administrative Law Environmental Law Information Rights Freedom of Information Environmental Information Regulations Public Interest Test Internal Communications Exception

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Parties

Storm Nuttall

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Regulation 12(4)(e) of the Environmental Information Regulations applies to the requested information
  2. 2 Whether the public interest in maintaining the exception outweighs the public interest in disclosure

Ratio Decidendi

The Tribunal found that the withheld information constituted internal communications under Regulation 12(4)(e) EIR, and that the public interest in maintaining the exception significantly outweighed the public interest in disclosure, especially given the timing during the planning appeals window and the need for a safe space for internal deliberation.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed.