Court of Appeal clarifies law upon ‘late exceptions’ under the Environmental Information Regulations
The Court of Appeal has handed down a significant judgment upholding the right of public authorities to rely upon exceptions to the right to disclosure of environmental information even when those exceptions were not relied upon in the initial response to the request. Whilst the judgment did not expressly address the parallel regime relating to non-environmental information, nothing in the judgment cast doubt upon the Upper Tribunal decision in the linked Home Office case in which the same right was upheld. Alex Ruck Keene appeared for the Respondent DEFRA, led by Jonathan Swift QC.
Click on the link below to read the approved judgment: