Source: All England Reporter
Publisher Citation: [2012] All ER (D) 108 (Feb)
Neutral Citation: [2012] UKSC 4
Court: Supreme Court
Judge: Lord Phillips P, Lord Walker, Lord Brown, Lord Mance and Lord Wilson
Representation Tim Eicke QC and David Craig (instructed by Forsters) for the appellant.
  Monica Carss-Frisk QC and Kate Gallafent (instructed by the BBC Litigation Department) for the BBC.
Judgment Dates: 15 February 2012

Catchwords

Freedom of information - Request for information - Disclosure - Statute providing disclosure required in respect of 'information held for purposes other than those of journalism, art or literature' - Appellant appealing to Supreme Court against Court of Appeal's construction of relevant words - Whether where information held for dual and opposite purposes, such information falling within scope of relevant legislation - Whether non-disclosure of report violating appellant's right of access to information - European Convention on Human Rights, art 10 - , .

The Case

Freedom of information Request for information Disclosure Statute providing disclosure required in respect of 'information held for purposes other than those of journalism, art or literature' Appellant appealing to Supreme Court against Court of Appeal's construction of relevant words - Whether where information held for dual and opposite purposes, such information falling within scope of relevant legislation - Whether non-disclosure of report violating appellant's right of access to information - European Convention on Human Rights, art 10 - , . . In dismissing the appellant's appeal against the Court of Appeal's construction of the words 'in respect of information held for purposes other than those of journalism, art or literature' as set out in Pt VI of to the Freedom of Information Act 2000, the Supreme Court held that the correct view was that once it was established that the information sought was held by the respondent British Broadcasting Corporation for the purposes of journalism, it was effectively exempt from production under the Act, even if the information was also held by the BBC for other purposes.

Practice Areas

The judgment for this case is forthcoming.

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