Brown v Information Commissioner and the Ministry of Justice (EA/2010/0119) concerned a request for a document which had been referred to in judgments from the High Court and Court of Appeal concerning the appellant’s unsuccessful application to view the will of the late Princess Margaret. The document had been referred to as a “practice direction for the sealing of royal wills”. The request for this document under FOIA was initially made to the Master of the Rolls, and was thereafter handled by the Ministry of Justice (which has responsibility for Her Majesty’s Courts Service).

The Tribunal agreed with the Information Commissioner and the MOJ that an adequate search had been conducted and that, on the balance of probabilities, the requested document was not held at the time of the request. It also clarified this statutory curiosity relied on by the appellant: the Master of the Rolls is not a listed public authority, but he is – under section 7 of the Public Records Act 1958 – responsible for “the records of the Chancery of England”, “including those created after the commencement of this Act”. The Tribunal has, however, explained that this is a matter of “antiquarian interest” concerning records of the courts of Chancery prior to the reorganisation of the courts in the 19th century. Requests under FOIA can, therefore, not be made to the Master of the Rolls.