Mr Brian Gourlay and West Dunbartonshire Council [2018] ScotIC 094_2018 (28 June 2018)

Mr Brian Gourlay and West Dunbartonshire Council [2018] ScotIC 094_2018 (28 June 2018)

The Commissioner found that the request was vexatious in part, and therefore the Council was entitled to refuse to comply with it to that extent, but not in full.

Citation
[2018] ScotIC 094_2018
Parties
Applicant: Mr Brian Gourlay; Respondent: West Dunbartonshire Council
Jurisdiction
Scotland
Judgment Date
28 June 2018
Procedural Posture
Scottish Information Commissioner Decision / Final Decision
Outcome
Partially upheld
Legal Topics
Vexatious Requests, Public Authority Obligations
Freedom of Information Vexatious Requests Public Authority Obligations

Case Brief

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Parties

Mr Brian Gourlay

Applicant

West Dunbartonshire Council

Respondent

Procedural Posture

Scottish Information Commissioner Decision / Final Decision

Legal Issues

  1. 1 Whether the applicant's request was vexatious under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that the request was vexatious in part, and therefore the Council was entitled to refuse to comply with it to that extent, but not in full.

Court Disposition

Partially upheld

Orders

  • The Council was entitled to refuse to comply with the request in part as vexatious.