UK Supreme Court


 A rather surreal incident took place at the end of the UK Supreme Court hearing on Monday - in which the Counsel for South Lanarkshire Council claimed that I had already been provided with the information that was the subject of my original FOI request.

Now I almost shouted out that this claim was incorrect, but this sort of intervention is not deemed appropriate in a court of law.

So I had to satisfy myself by having a word with the Scottish Information Commissioner's staff who were present on the day- and by writing to Lady Hale one of the five judges who was chairing the hearing.

Here's what I had to say.
 

 
 
Baroness Hale
UK Supreme Court 

By email

Dear Lady Hale

South Lanarkshire Council

I attended the Supreme Court yesterday for the appeal hearing involving South Lanarkshire Council and the Scottish Information Commissioner.

I interrupted a family holiday to be in London for the day, but was glad that I made the effort because I found the court proceedings fascinating. I especially enjoyed the interventions from the panel of judges and, much to my surprise, the whole process was rather more inquisitorial and less formal that I had expected.

I do wish to set the record straight, however, with regard to a comment made very late in the day by the Counsel for South Lanarkshire Council who suggested that I have already been provided with the information sought in my original FOISA request.

Quite simply this statement is incorrect and untrue.

I can only assume that Counsel was misinformed by South Lanarkshire Council for some reason, but I can assure you that I am not already in possession of the pay information I requested back in 2010 and I am glad to be able to set the record straight.

I did explain this to the staff of the Scottish Information Commissioner who were present in court at the time and so my comments may have been passed on to you indirectly, via Mr Richard Keen QC. 

I would be obliged if you would pass my thanks on to the court staff and officials, who were all tremendously helpful and very friendly.

Kind regards



Mark Irvine

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