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England and Wales Case Law

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Administrative law

David Tarsh v The Information Commissioner & Anor

The Tribunal partly allowed an EIR appeal against TfL, ordering disclosure of slides 62–73, but otherwise upheld withholding and dismissed the rest.

  • Environmental information regulations
  • Freedom of information
  • Confidentiality of proceedings
  • Internal communications
  • Legal professional privilege
  • Commercial information
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Environmental law

Wayne Michaels v Information Commissioner

The Tribunal dismissed linked EIR appeals about planning-enforcement information from Bracknell Forest Borough Council, upholding refusal under regulations 12(4)(e) and 12(5)(d).

  • Environmental information regulations
  • Freedom of information
  • Planning enforcement
  • Confidentiality of proceedings
  • Internal communications
  • Public interest test
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Administrative law

Nuno Meira v The Information Commissioner & Anor

The Tribunal found that pre-application planning advice is a 'proceeding' for the purposes of Regulation 12(5)(d) EIR, that confidentiality is provided by common law, that disclosure would adversely affect the confidentiality of the proceedings, and that the public interest in maintaining the exception outweighs the public interest in disclosure, especially as the information would be released at the planning application stage if pursued.

  • Environmental information regulations (eir)
  • Freedom of information
  • Confidentiality of proceedings
  • Pre-application planning advice
  • Public interest test
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Environmental law

The Secretary of State For Energy Security and Net Zero v The Information Commissioner

The Tribunal found that the exceptions for material in the course of completion and confidentiality of proceedings were not engaged because the documents were complete and no further work was anticipated, and there was no clear provision in national law defining the scope of proceedings for confidentiality. The internal communications exception was engaged only for documents not sent to third parties. The public interest in transparency and scrutiny of government decision-making on major environmental issues far outweighed any residual risk from disclosure.

  • Environmental information regulations
  • Public access to information
  • Confidentiality of proceedings
  • Internal communications
  • Unfinished documents
  • Public interest test
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Information rights

Mark Jopling Obo Udney Park Playing Fields Trust Limited v The Information Commissioner & Anor

The Tribunal found that the pre-application planning advice process was not sufficiently formal to constitute 'proceedings' under regulation 12(5)(d), and that there was no evidence or specificity to show that disclosure would adversely affect any legitimate economic interest under regulation 12(5)(e). Therefore, the exceptions did not apply and the information must be disclosed.

  • Freedom of information
  • Environmental information regulations
  • Confidentiality of proceedings
  • Commercial confidentiality
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Constitutional law

Hinds and others v Director of Public Prosecutions (Jamaica)

The Privy Council held that section 20 MACMA proceedings in Jamaica are court proceedings subject to open justice, and that a public hearing could be ordered.

  • Open justice principle
  • Mutual legal assistance
  • Public hearings
  • Judicial discretion
  • Confidentiality of proceedings
  • Open-justice
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Administrative law [2007] EWHC 1522 (Admin)

General Medical Council, R (on the application of) v Davies

General Medical Council, R (on the application of) v Davies [2007] EWHC 1522 (Admin) (18 May 2007)

The High Court extended a medical registration suspension for 12 months, ordered confidentiality for most documents, and awarded costs to the General Medical Council.

  • Extension of suspension
  • Confidentiality of proceedings
  • Costs assessment
  • Medical-regulation
  • Judicial-review
  • Confidentiality-orders
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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.