Source: All England Reporter
Publisher Citation: [2012] All ER (D) 143 (Mar)
Neutral Citation: [2012] EWCA Civ 317
Court: Court of Appeal, Civil Division
Judge:

Ward, Etherton LJJ and Sir Robin Jacob
Representation Philip Coppel QC and Andrew Sharland (instructed by Bates, Wells and Braithwaite LLP) for the claimants.
  Jason Beer and Rachel Kamm (instructed by the Charity Commission) for the Commission.
  Ben Hooper (instructed by the Information Commissioner) for the Information Commissioner as first intervening party.
  Karen Steyn (instructed by the Treasury Solicitor) for the Secretary of State for Justice as second intervening party.
Judgment Dates: 20 March 2012

Catchwords

Freedom of information - Exempt information - Disclosure prohibited by or under enactment - Claimant making request for information relating to inquiries made by defendant - Defendant refusing to provide information - Intervening party Information Commissioner issuing decision notice stating information exempt under relevant provisions - Claimant contending rights being engaged under European Convention on Human Rights - First Tier Tribunal (Information Rights) deciding Convention engaged - Whether tribunal erring - European Convention on Human Rights, art 10(1).

The Case

Freedom of information Exempt information. The Court of Appeal, Civil Division, held that, in the circumstances, art10(1) of the European Convention on Human Rights had not been engaged so that s32(2) of the did not have to be read and given effect so as to limit the exemption from disclosure by the defendant Charity Commission to the duration of its inquiry.

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