Davis v The Information Commissioner & Anor [2023] UKFTT 1071 (GRC) (22 December 2023)

Davis v The Information Commissioner & Anor [2023] UKFTT 1071 (GRC) (22 December 2023)

The Tribunal found that the FCDO was entitled to rely on s27(1)(a), (c), and (d) FOIA to withhold information about events attended by overseas guests, as disclosure posed a real and significant risk of prejudice to international relations. However, for events without overseas guests, the Tribunal found no sufficient evidence of likely prejudice and held that none of the cited FOIA exemptions (including s27, s28, s29, s36, s43) were engaged. Therefore, the FCDO must disclose the requested information for those events.

Citation
[2023] UKFTT 1071 (GRC)
Parties
Appellant: Matthew Davis; First Respondent: The Information Commissioner; Second Respondent: Foreign, Commonwealth and Development Office
Jurisdiction
United Kingdom
Judgment Date
22 December 2023
Procedural Posture
Appeal Against Information Commissioner's Decision Notice (foia) / First Tier Tribunal (general Regulatory Chamber) Final Decision
Outcome
Appeal allowed in part; Information Commissioner's Decision Notice not in accordance with the law to the extent it upheld withholding information about events without overseas guests.
Legal Topics
Freedom of Information, International Relations Exemptions, Public Interest Test, Government Hospitality, COVID 19 Government Conduct
Information Law Administrative Law Public Law Freedom of Information International Relations Exemptions Public Interest Test Government Hospitality COVID 19 Government Conduct

Case Brief

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Parties

Matthew Davis

Appellant

The Information Commissioner

First Respondent

Foreign, Commonwealth and Development Office

Second Respondent

Procedural Posture

Appeal Against Information Commissioner's Decision Notice (foia) / First Tier Tribunal (general Regulatory Chamber) Final Decision

Legal Issues

  1. 1 Whether the Foreign, Commonwealth and Development Office (FCDO) was entitled to rely on exemptions under s27(1)(a), (c), (d) of the Freedom of Information Act 2000 (FOIA) to withhold information about wine supplied at No 10 Downing Street functions;
  2. 2 Whether the public interest in maintaining the exemptions outweighed the public interest in disclosure;
  3. 3 Whether other FOIA exemptions (ss28, 29, 36, 43) were engaged for events without overseas guests.

Ratio Decidendi

The Tribunal found that the FCDO was entitled to rely on s27(1)(a), (c), and (d) FOIA to withhold information about events attended by overseas guests, as disclosure posed a real and significant risk of prejudice to international relations. However, for events without overseas guests, the Tribunal found no sufficient evidence of likely prejudice and held that none of the cited FOIA exemptions (including s27, s28, s29, s36, s43) were engaged. Therefore, the FCDO must disclose the requested information for those events.

Court Disposition

Appeal allowed in part; Information Commissioner's Decision Notice not in accordance with the law to the extent it upheld withholding information about events without overseas guests.

Orders

  • The Foreign, Commonwealth and Development Office must, by 4.00 p.m. on 19 January 2024, send to the Appellant a list of the bottles of wine from the Government Wine Cellar provided for any function at No 10 Downing Street between 1 January 2020 and 23 December 2021 at which no overseas guest was in attendance,...