Bill v Information Commissioner & Anor [2023] UKFTT 780 (GRC) (26 September 2023)

Bill v Information Commissioner & Anor [2023] UKFTT 780 (GRC) (26 September 2023)

The Tribunal found that the Trust was entitled to rely on the relevant exceptions and exemptions under the EIR and FOIA, including legal professional privilege, commercial confidentiality, and protection of personal data. The public interest in maintaining these exceptions outweighed the public interest in disclosure. Some requests were manifestly unreasonable or not valid. The appeals were dismissed and the Commissioner's decisions confirmed.

Citation
[2023] UKFTT 780 (GRC)
Parties
Appellant: Mark Bill; First Respondent: The Information Commissioner; Second Respondent: Liverpool University Hospitals NHS Foundation Trust
Jurisdiction
United Kingdom
Judgment Date
26 September 2023
Procedural Posture
Appeal (information Rights) / First Tier Tribunal (general Regulatory Chamber) Decision on the Papers
Outcome
Appeals dismissed
Legal Topics
Freedom of Information, Environmental Information Regulations, Legal Professional Privilege, Commercial Confidentiality, Personal Data, Manifestly Unreasonable Requests, Public Interest Test
Information Law Administrative Law Environmental Law Freedom of Information Environmental Information Regulations Legal Professional Privilege Commercial Confidentiality Personal Data +2 more

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Parties

Mark Bill

Appellant

The Information Commissioner

First Respondent

Liverpool University Hospitals NHS Foundation Trust

Second Respondent

Procedural Posture

Appeal (information Rights) / First Tier Tribunal (general Regulatory Chamber) Decision on the Papers

Legal Issues

  1. 1 Whether the requested information is environmental information under the EIR
  2. 2 Whether the Trust was entitled to rely on exceptions under the EIR and exemptions under FOIA to withhold information
  3. 3 Whether the public interest in disclosure outweighs the public interest in maintaining the exceptions/exemptions

Ratio Decidendi

The Tribunal found that the Trust was entitled to rely on the relevant exceptions and exemptions under the EIR and FOIA, including legal professional privilege, commercial confidentiality, and protection of personal data. The public interest in maintaining these exceptions outweighed the public interest in disclosure. Some requests were manifestly unreasonable or not valid. The appeals were dismissed and the Commissioner's decisions confirmed.

Court Disposition

Appeals dismissed

Orders

  • The decisions made on 15 June 2022, 20 October 2022, 1 November 2022, and 23 November 2022 are confirmed.