… has still not been published, but in the meantime, this decision on Information Commissioner v Cardiff City Council is very pertinent and could be the case law or basis of future Freedom of Information requests about council-owned buildings and a council’s refusal to provide timely information.

Indeed, the final paragraph of this case states:

62. We have concerns about the way this appeal has been pursued by the Council, and its merit. The Tribunal is considering making an order for costs against the Council under rule 10(1) of the GRC’s Rules of Procedure 2009 because it would appear the Council has acted unreasonably in bringing these proceedings. We wish to provide the Council with the opportunity to make written representations as to why we should not make such an order and as to the amount of costs or expenses to be paid, if such an order is made, within 35 calendar days of the date of this decision. We would also invite the Commissioner to make any representations he wishes to make in relation to an order for costs and the amount of costs and expenses under rule 10(6), again within 35 calendar days of this decision.

Click to access City%20of%20Cardiff%20Council,%20EA-2014-0309.pdf