Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020)

Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020)

Section 42(a)(i) of the FOI Act applies because the records are held by the courts and relate to court proceedings; neither exception to the exclusion applies, so the Act does not apply and no right of access exists.

Citation
[2020] IEIC 97290
Parties
Applicant: Mr X; Respondent: Courts Service
Jurisdiction
Ireland
Judgment Date
20 November 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
refusal affirmed
Legal Topics
FOI Act Section 42(a)(i), Access to Court Records, Wardship, Exemptions From FOI
Administrative Law Freedom of Information FOI Act Section 42(a)(i) Access to Court Records Wardship Exemptions From FOI

Case Brief

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Parties

Mr X

Applicant

Courts Service

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Courts Service was justified in refusing access to records under section 42(a)(i) of the FOI Act

Ratio Decidendi

Section 42(a)(i) of the FOI Act applies because the records are held by the courts and relate to court proceedings; neither exception to the exclusion applies, so the Act does not apply and no right of access exists.

Court Disposition

refusal affirmed

Orders

  • Decision of the Courts Service to refuse access to records under section 42(a)(i) of the FOI Act is affirmed.