Binding guidance on vexatious and manifestly unreasonable requests (Upper Tribunal) | Practical Law

Binding guidance on vexatious and manifestly unreasonable requests (Upper Tribunal) | Practical Law

In its judgments on three decisions, the Upper Tribunal has given definitive, binding guidance on the definitions of "vexatious" and "manifestly unreasonable" when used to justify refusing to publish information under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The judgments define these terms as involving "manifestly unjustified, inappropriate or improper use" of the information request procedures. They also give guidance on how to correctly apply these terms. (Information Commissioner v Dransfield [2012] UKUT 440 (AAC) (28 January 2013); Craven v Information Commissioner [2012] UKUT 442 (AAC) (28 January 2013) and Ainslie v Information Commissioner [2012] UKUT 441 (AAC) (28 January 2013).)

Binding guidance on vexatious and manifestly unreasonable requests (Upper Tribunal)

Practical Law UK Legal Update 1-524-0848 (Approx. 9 pages)

Binding guidance on vexatious and manifestly unreasonable requests (Upper Tribunal)

by PLC Public Sector
Published on 13 Feb 2013 • England, Wales
In its judgments on three decisions, the Upper Tribunal has given definitive, binding guidance on the definitions of "vexatious" and "manifestly unreasonable" when used to justify refusing to publish information under the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (SI 2004/3391) (EIR). The judgments define these terms as involving "manifestly unjustified, inappropriate or improper use" of the information request procedures. They also give guidance on how to correctly apply these terms. (Information Commissioner v Dransfield [2012] UKUT 440 (AAC) (28 January 2013); Craven v Information Commissioner [2012] UKUT 442 (AAC) (28 January 2013) and Ainslie v Information Commissioner [2012] UKUT 441 (AAC) (28 January 2013).)
Note: on 6 June 2014, the Court of Appeal gave permission to Mr. Dransfield and Mrs. Craven to appeal to the Court of Appeal on limited grounds, with the cases to be heard in a conjoined hearing (Craven and Dransfield v Information Commissioner and another [2014] EWCA Civ 850).