Evans v Information Commissioner [2012] UKUT 313 (AAC)

Introduction

Evans v Information Commissioner [2012] UKUT 313 (AAC) (also known as the Chilcot correspondence case) is a landmark freedom of information case concerning the disclosure of Cabinet minutes. The Upper Tribunal held that the public interest in disclosure of Cabinet minutes relating to the Iraq War outweighed the public interest in maintaining the confidentiality of Cabinet proceedings. The case is a leading authority on the balance between transparency and the convention of collective ministerial responsibility.

The Facts

The journalist David Evans requested disclosure of minutes of Cabinet meetings in the period leading to the Iraq War in 2003. The Cabinet Office refused, relying on the exemption in section 35 of the Freedom of Information Act 2000 for information relating to the formulation of government policy and Cabinet proceedings. The Information Commissioner upheld the refusal, and the requester appealed to the Upper Tribunal.

The Judgment

The Upper Tribunal held that the public interest in disclosure outweighed the public interest in maintaining the exemption. The tribunal emphasised the exceptional public importance of the decisions made, the extensive public debate about the war, and the fact that the minutes would contribute to public understanding of how the decisions were taken.