East Renfrewshire Council (Covid-19 related compensation payments to construction firm) [2022] ScotIC 084_2022 (22 July 2022)

East Renfrewshire Council (Covid-19 related compensation payments to construction firm) [2022] ScotIC 084_2022 (22 July 2022)

The Commissioner found that the exemption for commercial interests was engaged but that the public interest in disclosure outweighed the interest in maintaining the exemption, requiring the Council to disclose the requested information.

Citation
[2022] ScotIC 084_2022
Parties
Public Authority: East Renfrewshire Council; Requester: Applicant
Jurisdiction
Scotland
Judgment Date
22 July 2022
Procedural Posture
FOI Appeal / Decision
Outcome
Appeal allowed
Legal Topics
Covid 19 Compensation, Disclosure of Payments, Commercial Confidentiality
Freedom of Information Public Law Covid 19 Compensation Disclosure of Payments Commercial Confidentiality

Case Brief

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Parties

East Renfrewshire Council

Public Authority

Applicant

Requester

Procedural Posture

FOI Appeal / Decision

Legal Issues

  1. 1 Whether East Renfrewshire Council was required to disclose Covid-19 related compensation payments to a construction firm under FOI law

Ratio Decidendi

The Commissioner found that the exemption for commercial interests was engaged but that the public interest in disclosure outweighed the interest in maintaining the exemption, requiring the Council to disclose the requested information.

Court Disposition

Appeal allowed

Orders

  • East Renfrewshire Council is ordered to disclose the requested information regarding Covid-19 related compensation payments to the applicant.