Ms B & Screen Ireland (FOI Act 2014) (Screen Ireland) [2018] IEIC 180343 (4 September 2018)
Screen Ireland's failure to notify the affected third party within the statutory timeframe under section 38(2) of the FOI Act rendered its decision invalid, requiring annulment and a fresh decision-making process in compliance with the Act.
- Citation
- [2018] IEIC 180343
- Parties
- Applicant: Ms B; Respondent: Screen Ireland; Affected Third Party: Irish Film and Television Academy (IFTA)
- Jurisdiction
- Ireland
- Judgment Date
- 04 September 2018
- Procedural Posture
- Freedom of Information Review / Review of Part Grant Decision Under FOI Act 2014, Section 38
- Outcome
- decision annulled
- Legal Topics
- FOI Act 2014 Section 38 Procedure, Third Party Notification, Public Interest Override
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ms B
Applicant
Screen Ireland
Respondent
Irish Film and Television Academy (IFTA)
Affected Third Party
Procedural Posture
Freedom of Information Review / Review of Part Grant Decision Under FOI Act 2014, Section 38
Legal Issues
- 1 Whether Screen Ireland complied with section 38 notification requirements under the FOI Act 2014
- 2 Whether the decision to part-grant the FOI request was valid given procedural defects
Ratio Decidendi
Screen Ireland's failure to notify the affected third party within the statutory timeframe under section 38(2) of the FOI Act rendered its decision invalid, requiring annulment and a fresh decision-making process in compliance with the Act.
Court Disposition
decision annulled
Orders
- Screen Ireland must conduct a new decision-making process in compliance with section 38 of the FOI Act.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment