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27 July 2017 / Nicholas Dobson
Issue: 7756 / Categories: Features , Public
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Whose diary is it anyway?

Are the contents of a minister’s diary disclosable under the Freedom of Information Act? Nicholas Dobson reports

  • A ministerial diary was found on balance to be disclosable under FOIA.

On 24 May 2017 a notable piece was added to the grand jigsaw of English legal history. For it was then that the Court of Appeal agreed that a ministerial diary in the Department of Health (DOH) should be disclosed.

This followed a request under the Freedom of Information Act 2000 (FOIA 2000) by a journalist (Simon Lewis) for disclosure of the diary of Andrew Lansley (former Conservative health secretary) from 12 May 2010 to 30 April 2011. As The Daily Telegraph reported: ‘Transparency campaigners say the case is of importance because the diary covers the time Mr Lansley was working on the Health and Social Care Act and allegedly subjected to extensive lobbying by private healthcare interests.’

The issue has certainly been through the legal wringer. For, after DOH had initially disclosed a redacted version of the diary, the Information Commissioner (IC) required

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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