Thomas Deacon v The Information Commissioner & Anor

Thomas Deacon v The Information Commissioner & Anor

The Ministry of Justice did not hold the disputed information for the purposes of FOIA, as it was held by the Employment Tribunal, which is not a public authority under FOIA. Even if the information were held by MoJ, it would be exempt under section 32 as court records. The Decision Notice was in accordance with the law.

Parties
Appellant: Thomas Deacon; First Respondent: The Information Commissioner; Second Respondent: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
03 March 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Public Authority Definition, Court Records Exemption
Information Rights Administrative Law Freedom of Information Act Public Authority Definition Court Records Exemption

Case Brief

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Parties

Thomas Deacon

Appellant

The Information Commissioner

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Ministry of Justice holds the disputed information for purposes of FOIA
  2. 2 Whether Employment Tribunal judgments are subject to FOIA
  3. 3 Whether section 32 exemption applies to the requested information

Ratio Decidendi

The Ministry of Justice did not hold the disputed information for the purposes of FOIA, as it was held by the Employment Tribunal, which is not a public authority under FOIA. Even if the information were held by MoJ, it would be exempt under section 32 as court records. The Decision Notice was in accordance with the law.

Court Disposition

Appeal dismissed