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England and Wales Case Law

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Information rights

Marcel Bard v The Information Commissioner

The Tribunal struck out Marcel Bard’s section 166 application against the Information Commissioner, finding it had no reasonable prospect of success.

  • Complaint to information commissioner
  • Section 166 dpa 2018 application
  • Strike out for no reasonable prospect of success
  • Data-protection
  • Information-rights
  • Strike-out
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Data protection

Debbie Deboo v The Information Commissioner

The Tribunal struck out Debbie Deboo’s section 166 DPA 2018 application, holding the Commissioner had already given an outcome and the Tribunal lacked jurisdiction.

  • Dsar
  • Complaint to information commissioner
  • Section 166 dpa 2018
  • Jurisdiction
  • Strike out
  • Procedural only remedy
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Data protection

Paul McGrath v The Information Commissioner

The Tribunal struck out Mr McGrath’s section 166 DPA 2018 application, finding the Information Commissioner had already provided an outcome and no further action was required.

  • Section 166 application
  • Complaint to information commissioner
  • Strike out for no jurisdiction
  • Procedural progress of complaint
  • Data-protection
  • Information-rights
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Information rights

NHS Greater Manchester Integrated Care Board (NHS GM) v The Information Commissioner & Anor

The Tribunal found the qualified person's opinion reasonable and gave weight to the need for a safe space in policy discussions. The public interest in transparency did not outweigh the risk of chilling free-ranging debate and harming decision-making. The Information Commissioner erred in not recognising the substantial public interest in maintaining the quality of interaction between public bodies.

  • Freedom of information act
  • Public interest
  • Safe space
  • Commissioning of services
  • Qualified person's opinion
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Information rights

Gavin Drake v The Information Commissioner

The appeal was struck out because the appellant failed to comply with Tribunal directions to provide the Decision Notice by the specified deadlines.

  • Appeal procedure
  • Non-compliance
  • Freedom of information act 2000
  • Data protection act 2018
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Administrative law

George Greenwood v The Information Commissioner & Anor

The Cabinet Office was entitled to withhold the Draft Report under sections 31(1), 35(1)(a), 43(2), 42(1), and 23(1) of FOIA because the exemptions were engaged and the public interest balance test favoured non-disclosure at the relevant date; the Information Commissioner's Decision Notice was in accordance with the law and discretion was exercised correctly.

  • Freedom of information
  • Government policy
  • Law enforcement exemptions
  • Commercial interests
  • Legal professional privilege
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Information rights

John Greenwood v The Information Commissioner

The tribunal lacks jurisdiction to hear complaints regarding the Information Commissioner's failure to issue a decision notice; therefore, the appeal must be struck out.

  • Failure to issue decision notice
  • Jurisdiction
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Information rights

Richard Kennedy & Anor v The Information Commissioner & Anor

The request was not vexatious under section 14(1) FOIA; there was genuine motivation and public interest, no material burden, and no harassment or distress. The Trust breached section 17(1) by failing to issue a refusal notice within the statutory timeframe.

  • Freedom of information act
  • Vexatious requests
  • Refusal notice
  • Public interest
  • Transparency
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Information rights

Des Moore v The Information Commissioner

The Tribunal dismissed an FOIA appeal about West Mercia Police corruption-intelligence statistics, holding section 31 law-enforcement exemptions were engaged and outweighed disclosure.

  • Freedom of information
  • Law enforcement exemptions
  • Public interest test
  • Freedom-of-information
  • Law-enforcement-exemption
  • Public-interest-test
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Administrative law

Benjamin Lakey v The Information Commissioner & Anor

The tribunal dismissed joined FOIA appeals about ministerial interests and media-handling emails, holding section 36 exemptions were engaged and justified.

  • Freedom of information
  • Public interest immunity
  • Ministerial code
  • Confidentiality
  • Judicial bias
  • Disclosure exemptions
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.