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England and Wales decisions
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The High Court granted Microsoft Norwich Pharmacal relief against Oxide Group Limited to identify users and operators of RedVDS.com and preserve evidence.
The tribunal dismissed a FOIA appeal over requested average drone-application processing costs, finding the Civil Aviation Authority did not hold the information and had no section 16 duty breach.
The Tribunal partly allowed a FOIA appeal about Potto Parish Council’s audit-related records, finding no held information for part 1, held information for part 2, and part 3 invalid.
The tribunal dismissed an appeal over redacted DWP DPIAs, holding that disclosure would prejudice crime prevention and that the public interest favoured withholding.
The public interest in protecting children and vulnerable adults, and the statutory role of the DBS, outweigh the Article 8 rights of the respondents. The court will not restrain disclosure of the fact-finding judgment to the DBS, as the interference with the respondents' rights is necessary and proportionate. The DBS is the proper body to assess risk, and the findings made are sufficiently grave to warrant disclosure.
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The local authority is required to disclose the requested information to the DBS because the DBS is a professional acting in furtherance of the protection of children under the Family Procedure Rules, and the statutory scheme under the SVGA 2006 and associated regulations mandates such disclosure. The local authority's refusal was based on a misinterpretation of the law.
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The Tribunal dismissed a FOIA appeal, finding on the balance of probabilities that the Ministry of Justice did not hold the requested Registrar background information.
The Tribunal allowed an FOIA appeal and ordered disclosure of three withheld email chains, finding section 43(2) was engaged but the public interest favoured transparency.
The Tribunal refused to certify contempt in an FOIA dispute, but held certain redacted information fell within a substituted decision notice and must be disclosed.
On the balance of probabilities, the Council has disclosed all information within the scope of the request and does not hold any further relevant information; the appeal is dismissed.
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