Garrett Hargan v The Information Commissioner

Garrett Hargan v The Information Commissioner

The University does not hold the requested information by campus for headings (1), (2), and (4) within the meaning of FOIA, as it would require creation of new information. The exemption under s43(2) FOIA does not apply to heading (3) because there is not a real and significant risk of prejudice to commercial...

Source-derived case information.

Parties
Appellant: Garrett Hargan; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
03 December 2026
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Commercial Interests Exemption, Disclosure of Information, Public Authority Obligations
Information Law Administrative Law Freedom of Information Commercial Interests Exemption Disclosure of Information Public Authority Obligations

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Parties

Garrett Hargan

Appellant

The Information Commissioner

Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the University of Ulster holds the requested financial information by campus under FOIA
  2. 2 Whether the exemption under s43(2) FOIA (commercial interests) applies to income from international students by campus

Ratio Decidendi

The University does not hold the requested information by campus for headings (1), (2), and (4) within the meaning of FOIA, as it would require creation of new information. The exemption under s43(2) FOIA does not apply to heading (3) because there is not a real and significant risk of prejudice to commercial interests from disclosure; the information is not sufficiently detailed to allow competitors to deduce commission rates with accuracy.

Court Disposition

Appeal allowed in part

Orders

  • The Second Respondent may not rely on the exemption claimed under s43(2) (commercial interests) for heading (3) and is directed to disclose the material identified as that held in respect of heading (3) within 14 days of promulgation of this decision.
  • Appeal dismissed in respect of headings (1), (2), and (4).