Driver v Information Commissioner [2025] UKFTT 112 (GRC) (06 February 2025)

Driver v Information Commissioner [2025] UKFTT 112 (GRC) (06 February 2025)

The withheld information is commercial in nature, confidential, and its disclosure would adversely affect the legitimate economic interests of both Brett Aggregates and the Council. The information is not emissions-related, so Regulation 12(9) does not apply. The public interest in maintaining the exception...

Source-derived case information.

Citation
[2025] UKFTT 112 (GRC)
Parties
Appellant: Ian Driver; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
06 February 2025
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations 2004, Confidentiality of Commercial Information, Public Interest Test, Emissions Information, Freedom of Information
Information Rights Environmental Law Environmental Information Regulations 2004 Confidentiality of Commercial Information Public Interest Test Emissions Information Freedom of Information

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Summary, issues, holding and outcome

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Parties

Ian Driver

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether Regulation 12(5)(e) EIR (confidentiality of commercial or industrial information) is engaged by the withheld information
  2. 2 Whether the public interest in maintaining the exception outweighs the public interest in disclosure
  3. 3 Whether Regulation 12(9) EIR (emissions information) prevents reliance on Regulation 12(5)(e)

Ratio Decidendi

The withheld information is commercial in nature, confidential, and its disclosure would adversely affect the legitimate economic interests of both Brett Aggregates and the Council. The information is not emissions-related, so Regulation 12(9) does not apply. The public interest in maintaining the exception outweighs the public interest in disclosure. Therefore, the Council was entitled to rely on Regulation 12(5)(e) EIR to withhold the information.

Court Disposition

Appeal dismissed

Orders

  • The Council was entitled to rely on Regulation 12(5)(e) EIR to withhold the requested information.