Unison and Scottish Ministers [2008] ScotIC 086_2008 (21 July 2008)

Unison and Scottish Ministers [2008] ScotIC 086_2008 (21 July 2008)

The Commissioner determined whether the exemptions claimed by the Scottish Ministers were applicable and, if so, whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Source-derived case information.

Citation
[2008] ScotIC 086_2008
Parties
Applicant: Unison; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
21 July 2008
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially allowed
Legal Topics
Pfi/ppp Contracts, Disclosure of Public Contracts, Public Sector Transparency
Freedom of Information Pfi/ppp Contracts Disclosure of Public Contracts Public Sector Transparency

Source-derived case record

Summary, issues, holding and outcome

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Parties

Unison

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether the full business case and final contract for all PFI/PPP contracts in Scotland should be disclosed under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined whether the exemptions claimed by the Scottish Ministers were applicable and, if so, whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Court Disposition

partially allowed

Orders

  • The Scottish Ministers were ordered to disclose certain information from the full business case and final contract for all PFI/PPP contracts, subject to redaction of exempt information.