
The first -level court rendered an important judgment of the Freedom of Information Act (“Foia”) concerning the information notes and the readings of the meetings in 2021 and 2022 between the Minister of the time, Boris Johnson and the Indian industrialist Gautam Adani.
The information from the meetings was requested by a journalist and activist, Dr. Chris Garrard. The Office Cabinet has refused to disclose any material, based on the exemption from “prejudices to international relations” in section 27 foia and the reasonable opinion of the “qualified person” in section 36 foia.
However, at the hearing of the court hearing, Mr. Adani was charged with criminal accusations by a great New York jury, and one of his companies (Adani Green Energy) was charged by the American Commission for Securities and Exchange (“dry”), for having allegedly operated on one of the greatest corruption regimes in history.
A week before the hearing, the Office firm revealed a large part of the information that Dr Garrard had requested, but continued to rely on articles 27 and 36 foia on part of the news tickets. Dr. Garrard argued that there should still be other information, which the Office firm had not identified, which was within the framework of his request.
The first level court rendered the judgment on March 20, 2025, deciding that:
- The Office Cabinet had to carry out an entirely new search for information, including in particular internal emails, which was within the scope of Dr Garrard's request.
- The evidence of the American criminal act and the accusations of the SEC have been eligible even if they posted the request for information in a few years. He shed light on relevant questions at the time of demand, that is to say that there were solid reasons to believe that Mr. Adani directed a substantial illegal corruption regime. It was not relevant that this information was not revealed until later and was not available at the office of the Cabinet at the time of the request.
- Although the court is duly deferential to the evaluation of international relations by the executive, which only applies when the executive fully explained the basis of its opinions. Here, there was no basis for thinking that all the equipment retained by the Office firm would prejudge international relations: article 27 was not engaged for all information.
- The opinion of the qualified person was unreasonable. Article 36 was not at all engaged.
- Information that has not been covered by article 27 has been disclosed.
- Regarding the small information remaining covered by article 27, there were strong public interests on both sides of the balance. Overall, the public interest is favorable to the maintenance of the exemption
Oliver Jackson appeared pro Bono for the appellant, Dr. Chris Garrard. A copy of the judgment is available here.
Sources
1/ https://Google.com/
2/ https://www.11kbw.com/knowledge-events/case/oliver-jackson-successful-in-freedom-of-information-appeal-concerning-boris-johnsons-meetings-with-gautam-adani/
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