Stop Press: FOIA Veto Quashed

The Court of Appeal has today handed down a unanimous judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254 overturning the Divisional Court and quashing the veto issued by the Attorney General. The veto was quashed both because the AG did not have reasonable grounds to issue it in the light of the Upper Tribunal judgment, and because it was incompatible with EU law to veto disclosure of information under the EIR.

A fuller summary and discussion will follow in due course, but the first JR of a section 53 veto has been successful on appeal. The Court of Appeal has granted permission to appeal to the Supreme Court.

Jonathan Swift QC and Julian Milford appeared for the AG; Timothy Pitt-Payne QC appeared for the ICO.

Now with added link to judgment: here.