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High Court finds that a statutory appeal against decision of the Commissioner for Environmental Information is moot, on the grounds that: (a) the appellant had now received the documents the subject of its original application and no longer retained an interest in the determination of the proceedings; (b) no exceptional circumstances had been identified by the appellant such that the appeal should be heard even where it was moot; and (c) the fact that the appellant had an apprehension that it may face the application of a legal test that it said was wrong in future applications to the respondent was insufficient to merit hearing the case where the respondent's decision was exclusively fact-based and laid down no legal principles and where there was no certainty that the appellant would face a similar approach by the respondent in justifying any refusal of documents in the future.
Statutory appeal against decision of the respondent, which affirmed a decision of the Minister for Transport, Tourism and Sport to refuse access to certain information sought by the appellant under the European Communities (Access to Information on the Environment) Regulations 2007 ('AIE Regulations') - access had been sought, inter alia, to a submission made by a business and employer lobbying group - respondent had determined that the relevant information was not environmental information - whether the proceedings were moot where appellant had since been provided with the documentation it originally sought by both the Minister and by a third party - whether the information sought was environmental information.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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