Mr David Hutchison and Scottish Executive [2005] ScotIC 089_2005 (22 December 2005)

Mr David Hutchison and Scottish Executive [2005] ScotIC 089_2005 (22 December 2005)

The Scottish Executive was entitled to refuse the requested communications as the statutory exemptions under FOISA applied.

Citation
[2005] ScotIC 089_2005
Parties
Applicant: Mr David Hutchison; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
22 December 2005
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
Appeal dismissed
Legal Topics
Refusal of Information, Section 5 Powers Under FOISA
Administrative Law Freedom of Information Refusal of Information Section 5 Powers Under FOISA

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Parties

Mr David Hutchison

Applicant

Scottish Executive

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether the Scottish Executive was entitled to refuse communications about the use of powers under section 5 of the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Scottish Executive was entitled to refuse the requested communications as the statutory exemptions under FOISA applied.

Court Disposition

Appeal dismissed

Orders

  • No order for disclosure; refusal upheld