Mr JM and Cavan County Council (FOI Act 2014) (Cavan County Council) [2017] IEIC 170247 (26 October 2017)

Mr JM and Cavan County Council (FOI Act 2014) (Cavan County Council) [2017] IEIC 170247 (26 October 2017)

The Council was not justified in refusing to confirm or deny the existence of records because disclosure would not prejudice the future supply of similar important confidential information, especially as the existence of an investigation was already publicly acknowledged.

Source-derived case information.

Citation
[2017] IEIC 170247
Parties
Applicant: Mr JM; Respondent: Cavan County Council
Jurisdiction
Ireland
Judgment Date
26 October 2017
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
Council's decision annulled; new decision-making process ordered
Legal Topics
Refusal to Confirm or Deny Existence of Records, Confidential Information, FOI Exemptions
Administrative Law Freedom of Information Refusal to Confirm or Deny Existence of Records Confidential Information FOI Exemptions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Mr JM

Applicant

Cavan County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

  1. 1 Whether the Council was justified in refusing to confirm or deny the existence of records relating to allegations of false invoices and related investigation

Ratio Decidendi

The Council was not justified in refusing to confirm or deny the existence of records because disclosure would not prejudice the future supply of similar important confidential information, especially as the existence of an investigation was already publicly acknowledged.

Court Disposition

Council's decision annulled; new decision-making process ordered

Orders

  • Council to conduct a new decision-making process on the FOI request
  • Statutory time limit for decision begins after expiration of appeal period