Smartsource v Information Commissioner
Nov 10
GI/2458/2010, [2011] 1 Info LR 1498 (Upper Tribunal)
Mark Shaw QC successfully represented a group comprising the majority of English and Welsh water (and water & sewerage) companies before the Upper Tribunal (Administrative Appeals Chamber). It ruled that such companies are not public authorities for the purposes of the Environmental Information Regulations 2004 and, so, fall under no obligation to disclose environmental information. This upholds the earlier victory before the Information Commissioner. The ruling is also notable as the first appeal to leap-frog the First-tier Tribunal because it turned on a point of law of general importance.