Mr X and Fingal County Council [2020] IEIC 94360 (16 December 2020)

The Council was justified in refusing the applicant’s request for records because it carried out all reasonable steps to locate the records and no such records exist.

Source-derived case information.

Citation: [2020] IEIC 94360
Parties: Applicant: Mr X; Respondent: Fingal County Council
Jurisdiction: Ireland
Judgment Date: 16 December 2020
Procedural Posture: Freedom of Information Review / Final Decision
Outcome: request refused
Legal Topics: FOI Refusal, Public Procurement, Record Existence

Administrative Law Freedom of Information FOI Refusal Public Procurement Record Existence

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Mr X

Applicant

Fingal County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Decision

Legal Issues

1 Whether Fingal County Council was justified in refusing access to records under section 15(1)(a) of the FOI Act on the ground that no such records exist

Ratio Decidendi

The Council was justified in refusing the applicant’s request for records because it carried out all reasonable steps to locate the records and no such records exist.

Court Disposition

request refused

Orders

Decision of Fingal County Council affirmed under section 15(1)(a) of the FOI Act; no further records to be released.

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