England and Wales Case Law

Peter Stead v The Information Commissioner

The Decision Notice involved an error of law by concluding that personal data could be withheld under section 40(2) without properly applying the Legitimate Interests Test, and by failing to address redactions based on other exemptions such as section 36 and section 43. The appeal is allowed and a substituted Decision Notice is issued requiring the British Film Institute to make a fresh response to the information request.

Source excerpt

• Freedom of information act
• Personal data
• Exemptions
• Legitimate interests
• Public interest test

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Oliver Barke & Anor v Fenland District Council

The penalty notices were justified as the appellants let properties without valid EPCs at level E or above during the relevant period. The breaches were clear and persistent, and the Council's enforcement was proportionate. However, penalties for false or misleading information were reduced due to insufficient evidence.

Source excerpt

• Energy efficiency
• Private rented property
• Penalties
• Exemptions
• Compliance notices

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Friends of Antique Cultural Treasures Ltd, R (On the Application Of) v Secretary of State for the Environment Food And Rural Affairs (Rev 1)

Judicial review of the Ivory Act 2018 failed. The High Court held the Act was permitted by EU law, proportionate, and supported by evidence and policy objectives.

• Ivory act 2018
• Wildlife trade regulations
• Cites
• Proportionality
• Free movement of goods
• Property rights

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Home Office & Anor v The Information Commissioner

Home Office & Anor v The Information Commissioner [2009] EWHC 1611 (Admin) (06 July 2009)

High Court FOIA appeal about a request for information on how previous requests were handled, and whether additional exemptions could be raised late.

• Freedom of information act
• Public interest test
• Exemptions
• Meta-requests
• Disclosure of government information
• Freedom-of-information

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Société Internationale De Télécommunications Aéronautiques v Customs and Excise

Société Internationale De Télécommunications Aéronautiques v Customs and Excise [2003] EWHC 3039 (Ch) (16 December 2003)

The High Court dismissed SITA’s VAT appeal, holding its telecommunications network was too remote to qualify for zero-rating under EU or UK air-transport exemptions.

• Value added tax
• Zero-rating
• Sixth directive eec
• Vat act 1994
• Exemptions
• Interpretation of 'making arrangements for'

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Colaingrove Ltd. v The Commissioners for Customs and Excise

Appeal over VAT on seasonal caravan pitches. The High Court held the UK legislation was within the Directive’s wide discretion and dismissed the appeal.

• Vat
• Exemptions
• Seasonal caravan pitches
• Directive implementation
• Discretion of member states
• European-union-law

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