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England and Wales Case Law

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Information rights

Geoffrey Marney v The Information Commissioner & Anor

The Tribunal dismissed an EIR appeal about a council summerhouse dispute, holding that the withheld advice and surveyor’s name were personal data protected by regulation 13.

  • Environmental information regulations
  • Personal data
  • Disclosure
  • Legitimate interest
  • Public authority duties
  • Environmental-information-regulations
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Administrative law

Niall Wermter v The Information Commissioner & Anor

The tribunal dismissed an information rights appeal, holding that Camden could refuse the request as manifestly unreasonable under EIR and vexatious under FOIA.

  • Environmental information regulations
  • Freedom of information act
  • Manifestly unreasonable requests
  • Vexatious requests
  • Public interest test
  • Information-rights
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Information law

Colin Duke v The Information Commissioner

The request was manifestly unreasonable due to the significant cost and officer resources required to comply, and the public interest in maintaining the exemption outweighed the interest in disclosure. The Council's and Commissioner's handling of the request was procedurally fair, and regulation 12(4)(b) was correctly applied.

  • Environmental information regulations
  • Freedom of information
  • Public interest test
  • Manifestly unreasonable requests
  • Disclosure of environmental information
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Information law

John Mitchell v The Information Commissioner

The Tribunal found that the Trust does not hold the specific information requested by Mr Mitchell within the meaning of the EIR. The fact that the Trust may hold information used by others to estimate deaths linked to air pollution does not mean the Trust itself holds the requested information. The Decision Notice was not wrong in law or discretion.

  • Environmental information regulations
  • Freedom of information
  • Duty to disclose
  • Information held by public authority
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Information law

Peter Marshall v The Information Commissioner

On the balance of probabilities, Westminster City Council did not hold the requested information at the time of the request, and was not required to provide further advice or assistance beyond what was given. The Information Commissioner's Decision Notice was in accordance with the law.

  • Environmental information regulations
  • Freedom of information
  • Public authority duties
  • Advice and assistance
  • Information held by public authorities
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Information rights

Ian Driver v The Information Commissioner

The tribunal allowed this EIR appeal in part, ordering disclosure of information on money already spent on the berth 4/5 project, but allowing withholding of future cost information.

  • Environmental information regulations
  • Public interest test
  • Regulation 12(4)(d)
  • Regulation 14(2)
  • Regulation 11(4)
  • Freedom of information
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Information law

Andrew White v The Information Commissioner

The Tribunal allowed an information rights appeal in part, ordering disclosure of a building control certificate with the surveyor’s name and signature redacted.

  • Environmental information regulations
  • Personal data
  • Disclosure exemptions
  • Building control certificates
  • Environmental-information-regulations
  • Personal-data
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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

Reg Oliver v The Information Commissioner

The Tribunal refused Reg Oliver’s appeal, upholding a refusal of information requests about traffic regulation orders and signage as vexatious and manifestly unreasonable.

  • Freedom of information
  • Environmental information regulations
  • Vexatious requests
  • Manifestly unreasonable requests
  • Traffic regulation orders
  • Public authority duties
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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.