Kate Sharp v The Information Commissioner
[2024] UKFTT 290 (GRC)
Mike Roberts v Information Commissioner & Anor
15 January 2024
[2024] UKFTT 23 (GRC)
First-tier Tribunal
Someone asked the council for emails about an airfield deal. The council refused, saying releasing the emails would hurt ongoing negotiations and reveal private information. A court agreed with the council, saying the importance of keeping things confidential outweighed the public's right to know.
Key Facts
- •Appeal against Information Commissioner's decision regarding Environmental Information Regulations 2004 (EIR) request.
- •Request concerned communications between Stratford-on-Avon District Council and Littler Investments Limited about a Memorandum of Understanding (MoU) for Wellesbourne Airfield.
- •Appellant, a former airfield tenant, alleged wrongdoing and breach of local plans by the Council.
- •Council withheld information under various EIR exceptions (course of completion, confidentiality of proceedings, commercial confidentiality, and interests of the information provider).
- •Tribunal considered the public interest in disclosure against the public interest in maintaining the exceptions.
Legal Principles
Environmental Information Regulations 2004 (EIR) require public authorities to disclose environmental information unless an exception applies and the public interest in maintaining the exception outweighs the public interest in disclosure.
Environmental Information Regulations 2004
A presumption in favour of disclosure applies under EIR.
Environmental Information Regulations 2004
The 'Coco v A N Clark (Engineers) Ltd' test applies to determine whether confidential commercial information is protected under EIR.
Coco v A N Clark (Engineers) Ltd [1969] RPC 41
Public interests can be aggregated when considering the balance under EIR when multiple exceptions apply to the same information.
Environmental Information Regulations 2004
Outcomes
Appeal dismissed.
The Tribunal found that the public interest in maintaining the exceptions to disclosure under EIR outweighed the public interest in disclosure, even considering the presumption in favour of disclosure and allegations of wrongdoing. The Tribunal considered each exception individually and found sufficient grounds to uphold them.
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