Taimur Khan v Information Commissioner & Anor

Taimur Khan v Information Commissioner & Anor

The Tribunal found that disclosure of the PwC report would be likely to prejudice the commercial interests of PwC by diminishing future market opportunities, and that the public interest in maintaining the exemption outweighed the public interest in disclosure, particularly given the potential negative impact on service delivery and the availability of alternative public information. The Council was therefore entitled to rely on section 43(2) FOIA to withhold the report.

Parties
Appellant: Taimur Khan; First Respondent: Information Commissioner; Second Respondent: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
28 November 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Commercial Interests Exemption, Public Interest Test, Statutory Services Transparency
Information Law Administrative Law Freedom of Information Commercial Interests Exemption Public Interest Test Statutory Services Transparency

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Parties

Taimur Khan

Appellant

Information Commissioner

First Respondent

Leeds City Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether disclosure of the PwC report would be likely to prejudice the commercial interests of any person under section 43(2) FOIA
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure

Ratio Decidendi

The Tribunal found that disclosure of the PwC report would be likely to prejudice the commercial interests of PwC by diminishing future market opportunities, and that the public interest in maintaining the exemption outweighed the public interest in disclosure, particularly given the potential negative impact on service delivery and the availability of alternative public information. The Council was therefore entitled to rely on section 43(2) FOIA to withhold the report.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.