Campbell v Information Commissioner & Anor [2023] UKFTT 885 (GRC) (23 October 2023)

Campbell v Information Commissioner & Anor [2023] UKFTT 885 (GRC) (23 October 2023)

Section 12 FOIA was not engaged because the cost estimate relied on the contractor's actual charges rather than the statutory rate of £25 per hour, and there was no evidence that the permitted activities would exceed 24 hours. The estimate was unreasonable, lacking cogent evidence, and failed to consider alternative sources such as the document library. Therefore, HMT was not entitled to refuse the request on cost grounds.

Citation
[2023] UKFTT 885 (GRC)
Parties
Appellant: Stephen Campbell; First Respondent: The Information Commissioner; Second Respondent: His Majesty's Treasury
Jurisdiction
United Kingdom
Judgment Date
23 October 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Final Judgment After Remote Hearing
Outcome
Appeal allowed
Legal Topics
FOIA Section 12 Cost Limit, Disclosure of Electronic Documents, Public Authority Outsourcing, Document Metadata, Reasonableness of Cost Estimates
Freedom of Information Administrative Law Information Rights FOIA Section 12 Cost Limit Disclosure of Electronic Documents Public Authority Outsourcing Document Metadata Reasonableness of Cost Estimates

Case Brief

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Parties

Stephen Campbell

Appellant

The Information Commissioner

First Respondent

His Majesty's Treasury

Second Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Final Judgment After Remote Hearing

Legal Issues

  1. 1 Whether HM Treasury was entitled to rely on section 12 FOIA (cost limit) to refuse the request
  2. 2 Whether the provision of PDF files satisfied the request for the original electronic Word file
  3. 3 Whether the cost estimate for retrieving information was reasonable and supported by evidence

Ratio Decidendi

Section 12 FOIA was not engaged because the cost estimate relied on the contractor's actual charges rather than the statutory rate of £25 per hour, and there was no evidence that the permitted activities would exceed 24 hours. The estimate was unreasonable, lacking cogent evidence, and failed to consider alternative sources such as the document library. Therefore, HMT was not entitled to refuse the request on cost grounds.

Court Disposition

Appeal allowed

Orders

  • Within 35 days, His Majesty's Treasury must issue a fresh response to the request that does not rely on section 12 FOIA and communicates all the data contained in the requested file, subject to any further exemption(s).