Suzanne Sullivan v Information Commissioner & Anor

Suzanne Sullivan v Information Commissioner & Anor

EIR applies to the request as it concerns use of land and activities affecting the environment. On the balance of probabilities, the Council held further information within the scope of the request that was not disclosed or properly searched for. The Council’s search was too narrow and did not include all relevant records, including correspondence with councillors and pre-lease communications.

Parties
Appellant: Suzanne Sullivan; Respondent: Information Commissioner; Respondent: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Public Authority Disclosure, Scope of Information Requests
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Public Authority Disclosure Scope of Information Requests

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Suzanne Sullivan

Appellant

Information Commissioner

Respondent

London Borough of Islington

Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Environmental Information Regulations 2004 (EIR) or the Freedom of Information Act 2000 (FOIA) applies to the request
  2. 2 Whether, on the balance of probabilities, further information was held by the Council at the time of the request

Ratio Decidendi

EIR applies to the request as it concerns use of land and activities affecting the environment. On the balance of probabilities, the Council held further information within the scope of the request that was not disclosed or properly searched for. The Council’s search was too narrow and did not include all relevant records, including correspondence with councillors and pre-lease communications.

Court Disposition

appeal allowed

Orders

  • The Council must conduct a further search for all information within scope of the request, including but not limited to pre-lease communications and correspondence with councillors.
  • The Council must provide a fresh response and disclose all further information found under EIR unless withheld under a valid exception.