Calvert v Information Commissioner & Anor (Rev1) [2025] UKFTT 77 (GRC) (29 January 2025)

Calvert v Information Commissioner & Anor (Rev1) [2025] UKFTT 77 (GRC) (29 January 2025)

The Tribunal found that most of the withheld information was provided in confidence and its disclosure would constitute an actionable breach of confidence under section 41 FOIA, as the public interest in maintaining confidentiality was not outweighed by the public interest in disclosure. However, paragraph 2 on page...

Source-derived case information.

Citation
[2025] UKFTT 77 (GRC)
Parties
Appellant: Paul John Calvert; First Respondent: The Information Commissioner; Second Respondent: North East Ambulance Service NHS Foundation Trust
Jurisdiction
United Kingdom
Judgment Date
29 January 2025
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Decision Notice of Information Commissioner
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Confidentiality, Whistleblowing, Public Interest, Data Protection
Information Law Administrative Law Freedom of Information Confidentiality Whistleblowing Public Interest Data Protection

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Parties

Paul John Calvert

Appellant

The Information Commissioner

First Respondent

North East Ambulance Service NHS Foundation Trust

Second Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Decision Notice of Information Commissioner

Legal Issues

  1. 1 Whether section 41 FOIA (information provided in confidence) applies to the withheld information
  2. 2 Whether the public interest in disclosure outweighs the duty of confidence
  3. 3 Whether section 40(2) FOIA (personal data) applies

Ratio Decidendi

The Tribunal found that most of the withheld information was provided in confidence and its disclosure would constitute an actionable breach of confidence under section 41 FOIA, as the public interest in maintaining confidentiality was not outweighed by the public interest in disclosure. However, paragraph 2 on page 187 and pages 191-192 (except one sentence) did not meet the test for confidentiality and must be disclosed.

Court Disposition

Appeal allowed in part

Orders

  • North East Ambulance Service NHS Foundation Trust must disclose paragraph 2 on page 187 of the report, and pages 191-192 of the report, subject to the redaction set out in the Closed Annex, within 28 days.