Ms May Docherty and Lothian NHS Board [2007] ScotIC 190_2007 (22 October 2007)

Ms May Docherty and Lothian NHS Board [2007] ScotIC 190_2007 (22 October 2007)

The decision turned on whether the exemptions claimed by the Lothian NHS Board applied to the PFI contract and whether the public interest in disclosure outweighed any exemption.

Citation
[2007] ScotIC 190_2007
Parties
Applicant: Ms May Docherty; Respondent: Lothian NHS Board
Jurisdiction
Scotland
Judgment Date
22 October 2007
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
appeal allowed in part
Legal Topics
Freedom of Information, Public Contracts, PFI Contracts, Disclosure of Information
Information Law Freedom of Information Public Contracts PFI Contracts Disclosure of Information

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Parties

Ms May Docherty

Applicant

Lothian NHS Board

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether Lothian NHS Board was required to disclose a copy of the PFI contract under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The decision turned on whether the exemptions claimed by the Lothian NHS Board applied to the PFI contract and whether the public interest in disclosure outweighed any exemption.

Court Disposition

appeal allowed in part

Orders

  • Lothian NHS Board ordered to disclose parts of the PFI contract not covered by exemptions