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England and Wales Case Law

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Information law

Yarwood v The Information Commissioner (IC)

The Tribunal held that the CPS did not hold the requested information in recorded form for parts 1-7, and that information within part 8 was properly exempt under section 30(1)(c) of FOIA, with the public interest in protecting the prosecution process outweighing the arguments for disclosure.

  • Freedom of information
  • Public interest test
  • Exemptions under foia
  • Criminal proceedings disclosure
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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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Information law

Gabriel Kanter-Webber v The Information Commissioner & Anor

The tribunal refused a FOIA appeal seeking a police misconduct hearing bundle and transcript, holding section 31 applied and the public interest favoured withholding.

  • Freedom of information
  • Law enforcement exemptions
  • Police misconduct
  • Public interest test
  • Open justice
  • Freedom-of-information
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Information law

Alastair Logan v The Information Commissioner & Anor

The tribunal allowed this FOIA appeal in part, narrowing reliance on sections 31, 38 and 40 and ordering the Home Office to issue a fresh response.

  • Freedom of information
  • Personal data
  • Special category data
  • Public interest test
  • Disclosure exemptions
  • Freedom-of-information
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Information rights

Ian Driver v The Information Commissioner

The First-tier Tribunal dismissed an EIR appeal for a consultant’s report on Thanet Parkway station costs, upholding commercial confidentiality and rejecting the emissions argument.

  • Environmental information disclosure
  • Commercial confidentiality
  • Public interest test
  • Definition of emissions
  • Environmental-information-regulations
  • Commercial-confidentiality
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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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Administrative law

N Quinn v The Information Commissioner & Anor

The Council was not entitled to withhold the entirety of the Max Associates Report and PDG Report under s43(2) FOIA, as much of the information would not, or would only to a low degree, prejudice its commercial interests, and the public interest in transparency and accountability outweighed the exemption. The Council also failed to comply with its duty to provide information about the publication of the 2024 Leisure Charges. The Decision Notice was not in accordance with the law to the extent stated.

  • Freedom of information
  • Commercial interests exemption
  • Public interest test
  • Transparency in public authorities
  • Disclosure of public authority reports
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Information law

The English Heritage Trust v The Information Commissioner

The Tribunal dismissed English Heritage’s FOIA appeal, holding that section 43 was not engaged and that the public interest favoured disclosure despite section 36 being engaged.

  • Freedom of information
  • Public interest test
  • Exemptions under foia
  • Commercial interests
  • Effective conduct of public affairs
  • Freedom-of-information
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Information law

London Borough of Southwark v The Information Commissioner & Anor

The Tribunal found FOIA sections 36(2)(b)(ii) and 36(2)(c) were engaged for Southwark’s SEND funding documents, but ordered disclosure under the public interest test.

  • Freedom of information
  • Public interest test
  • Qualified person's opinion
  • Send funding
  • Disclosure of public authority documents
  • Freedom-of-information
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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.