William Lloyd Davies v The Information Commissioner
[2024] UKFTT 183 (GRC)
Breckland District Council v The Information Commissioner & Anor.
3 February 2023
[2023] UKFTT 103 (GRC)
First-tier Tribunal
The council didn't want to share info about selling a golf course, saying it was private business stuff. The Information Commissioner said they had to share it. The council appealed, and a judge agreed they could keep it secret after hearing some secret evidence.
Key Facts
- •Breckland District Council (Council) withheld information about the sale of Barnham Broom Golf and Country Club, citing commercial interest exemptions under FOIA and EIR.
- •The Information Commissioner (Commissioner) ruled that the Council wrongly handled the request and failed to demonstrate the EIR exception for commercial confidentiality was engaged.
- •The Council appealed the Commissioner's decision.
- •The appeal concerned the Council's failure to provide sufficient evidence to meet the four conditions for the EIR exception: commercial nature, legal confidentiality, protection of legitimate economic interest, and adverse effect of disclosure.
- •The Council argued that it had provided sufficient evidence in its internal review and cited additional statutory provisions protecting commercial confidentiality in local government legislation.
Legal Principles
Freedom of Information Act 2000 (FOIA)
Section 57 FOIA
Environmental Information Regulations 2004 (EIR)
Regulation 5(1) EIR, Regulation 12 EIR
Aarhus Convention
Article 4.4(d) Aarhus Convention
Local Government Act 1972
Section 100(A) and Schedule 12A Part 1 paragraphs 1-4
Local Government Act 2000
Sections 9G, 9GA, 9FA(6)(b)
Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012
SI 2012/2089
Local Audit and Accountability Act 2014
Sections 2(1), 3(1), (2), 4, 20, 22, 26, 27
Local Government Transparency Code 2015
Paragraphs 20-22
Outcomes
Appeal allowed.
The Tribunal found that the Council had demonstrated that the exception in regulation 12(5)(e) EIR was engaged and that the public interest in withholding the information outweighed the public interest in disclosure. The Council provided sufficient evidence in closed session demonstrating the information's commercial nature, legal confidentiality, protection of legitimate economic interest, and the adverse effect of disclosure.