Johnston, Re Judicial Review [2014] NIQB 83 (10 June 2014)

The application is dismissed because it is out of time under both the 6-month statutory limit for prosecution of summary offences and the 3-month judicial review limit, and no arguable case of concealment has been made out against DRD or the Information Commissioner's Office.

Citation: [2014] NIQB 83
Parties: Applicant: Conscape Ltd; First Respondent: Department of Regional Development Road Service (DRD); Second Respondent: Information Commissioner's Office
Jurisdiction: Northern Ireland
Judgment Date: 10 June 2014
Procedural Posture: Judicial Review / Final Judgment
Outcome: application dismissed
Legal Topics: Locus Standi, Statutory Duties Under Freedom of Information Act 2000, Environmental Information Regulations 2004, Time Limits for Prosecution, Judicial Review Procedure

Administrative Law Freedom of Information Locus Standi Statutory Duties Under Freedom of Information Act 2000 Environmental Information Regulations 2004 Time Limits for Prosecution Judicial Review Procedure

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Parties

Conscape Ltd

Applicant

Department of Regional Development Road Service (DRD)

First Respondent

Information Commissioner's Office

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether DRD unlawfully concealed information in breach of statutory duties under the Freedom of Information Act 2000 and Environmental Information Regulations 2004
2 Whether the Information Commissioner's Office failed in its statutory duty to prosecute DRD for alleged offences
3 Whether the application is out of time under relevant statutory and procedural limits

Ratio Decidendi

Court Disposition

application dismissed