Cases

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

Held

(1) The term "actionable" in s 41 required the HEFCE to demonstrate that the claim would succeed on the balance of probabilities.

(2) Assessing the balance of probabilities included a consideration of common law public interest.

(3) The test for claims in confidence from Coco v Clark [1968] FSR 415 was applicable to s.41 and was satisfied: the information had the necessary quality of confidence, had been imparted in circumstances giving rise to an obligation of confidence, and detriment had been demonstrated.

(4) It was however in the public interest that confidence be breached; there was a public interest in having this type of information made public. Moreover, if the state of disrepair of university buildings was the result of inadequate public funding then there was legitimate scope for a properly informed public debate on the issue.

Also