Source: All England Reporter
Publisher Citation: [2017] All ER (D) 173 (Nov)
Neutral Citation: [2017] EWCA Civ 1876
Court: Court of Appeal, Civil Division

Sir Brian Leveson P, McCombe and Newey LJJ

Representation Ian Wise QC and Michael Armitage for the appellant.
  Gerry Facenna QC and Laura Elizabeth John (instructed by the Information Commissioner's Office) for the Information Commissioner.
  Oliver Sanders QC (instructed by the Government Legal Department) for the MoJ.
Judgment Dates: 22 November 2017


Freedom of information - Exempt information - Public interest

The Case

Freedom of information Exempt information. The First-tier Tribunal's judgment, finding in favour of non-disclosure of the second defendant Ministry of Justice's Minimising and Managing Physical Restraint training manual, could not possibly be said to be irrational, perverse or inadequately reasoned. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, further held that the category of case where the United Nations Convention on the Rights of the Child, as an unincorporated treaty, might be relevant in English law did not apply, as the meaning of the words 'public interest' was not in doubt.

Practice Areas

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