Mr N and South Lanarkshire Council (Whether request vexatious...) [2015] ScotIC 090_2015 (22 June 2015)

Mr N and South Lanarkshire Council (Whether request vexatious...) [2015] ScotIC 090_2015 (22 June 2015)

The Commissioner found that the request was not vexatious as defined by section 14(1) of the Act, as the evidence did not demonstrate that the request would cause a disproportionate or unjustified level of disruption or distress.

Source-derived case information.

Citation
[2015] ScotIC 090_2015
Parties
Applicant: Mr N; Respondent: South Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
22 June 2015
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
request not vexatious; authority required to respond
Legal Topics
Vexatious Requests, Public Authority Obligations Under FOI
Administrative Law Freedom of Information Vexatious Requests Public Authority Obligations Under FOI

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr N

Applicant

South Lanarkshire Council

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

  1. 1 Whether the applicant's request to South Lanarkshire Council was vexatious under section 14(1) of the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that the request was not vexatious as defined by section 14(1) of the Act, as the evidence did not demonstrate that the request would cause a disproportionate or unjustified level of disruption or distress.

Court Disposition

request not vexatious; authority required to respond

Orders

  • South Lanarkshire Council must respond to the applicant's request in accordance with the Freedom of Information (Scotland) Act 2002