Cases

The Higher Education Funding Council for England v The Information Commissioner & Guardian News and Media Ltd

Facts

The Higher Education Funding Council for England ('the HEFCE'), a statutory corporation charged with the responsibility of administering public funds in relation to higher education, received a request for disclosure from a Guardian journalist. The request sought disclosure of, amongst other things, the state of repair (or disrepair) of various university buildings. The HEFCE refused to disclosure on the basis that most of the information sought had been received from third parties who had an expectation that it would be treated in confidence. Reliance was placed on s.41 of the Freedom of Information Act 2000 which provided an exemption from disclosure if such disclosure would constitute an "actionable" breach of confidence.

Also