Tribunal Dismisses Appeal Over Information Requests

13 Jan 2025Court Report

The First-tier Tribunal dismissed Stiebel Lethbridge Ltd's appeal concerning information requests to HM Land Registry

Background

The First-tier Tribunal (General Regulatory Chamber) recently delivered its decision in the case of Stiebel Lethbridge Ltd (SLL) against the Information Commissioner and HM Land Registry (HMLR). The case revolved around SLL's appeal against the Information Commissioner's decision regarding information requests made to HMLR under the Freedom of Information Act 2000 (FOIA).

The Appeal

SLL had submitted multiple requests to HMLR for documents related to specific title numbers, seeking details of all documents, including pre-registration documents. HMLR refused to provide the requested information, citing the cost and complexity of compliance, and referred SLL to its Practice Guide 11 for accessing such documents.

The Information Commissioner upheld HMLR's decision, concluding that the requested information was not held by HMLR in the form SLL requested. SLL appealed this decision to the Tribunal, raising five grounds of appeal.

Tribunal's Consideration

The Tribunal, chaired by Tribunal Judge Maton, considered whether the requested information was 'held' by HMLR under FOIA. It examined the degree of skill and judgment required to compile the requested lists of documents and found that such information was not 'held' by HMLR, as it would require significant skill and judgment to produce.

Grounds of Appeal

SLL's grounds of appeal included arguments that the information was not 'reasonably accessible', that HMLR's process for accessing documents was ineffective, and that the Commissioner erred in relying on the skill and judgment required to compile the information. SLL also argued that HMLR's previous responses to similar requests set a precedent for handling future requests.

Tribunal's Findings

The Tribunal dismissed all grounds of appeal. It found that the requested information was exempt under s21 FOIA, as it was reasonably accessible through HMLR's established processes. The Tribunal also rejected SLL's argument that HMLR's previous handling of similar requests established a precedent.

Conclusion

The Tribunal concluded that the Information Commissioner's decision was in accordance with the law and that there was no basis to overturn it. The appeal was dismissed, affirming that HMLR was not required to provide the requested information under FOIA.