Grange -v- The Information Commissioner & anor [2018] IEHC 108 (07 March 2018)

Grange -v- The Information Commissioner & anor [2018] IEHC 108 (07 March 2018)

The respondent was entitled to consider the context and history of the appellant's interactions with the third party in determining the FOI request was vexatious; no breach of fair procedures or error of law was demonstrated.

Citation
[2018] IEHC 108
Parties
Appellant: Michael Grange; Respondent: The Information Commissioner; Notice Party: The Minister for Foreign Affairs and Trade
Jurisdiction
Ireland
Judgment Date
07 March 2018
Procedural Posture
Statutory Appeal / High Court Judgment on Appeal Under S.24 of the Freedom of Information Act 2014
Outcome
Appeal dismissed
Legal Topics
Vexatious Requests, Fair Procedures, Natural Justice, Statutory Interpretation, Freedom of Information Act 2014
Administrative Law Freedom of Information Vexatious Requests Fair Procedures Natural Justice Statutory Interpretation Freedom of Information Act 2014

Case Brief

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Parties

Michael Grange

Appellant

The Information Commissioner

Respondent

The Minister for Foreign Affairs and Trade

Notice Party

Procedural Posture

Statutory Appeal / High Court Judgment on Appeal Under S.24 of the Freedom of Information Act 2014

Legal Issues

  1. 1 Whether the respondent erred in law in classifying the appellant's FOI request as frivolous and vexatious under s.15(1)(g) of the 2014 Act
  2. 2 Whether the respondent failed to accord fair procedures and breached natural and constitutional justice
  3. 3 Whether the respondent took into account irrelevant matters or failed to take into account relevant matters

Ratio Decidendi

The respondent was entitled to consider the context and history of the appellant's interactions with the third party in determining the FOI request was vexatious; no breach of fair procedures or error of law was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • Relief claimed in the notice of motion refused