David White reflects on the decision of the Supreme Court in Kennedy v Charity Commission
Judgment has recently been handed down by the Supreme Court in Kennedy v Charity Commission [2014] UKSC 20, [2014] All ER (D) 240 (Mar) and its decision to dismiss Kennedy’s appeal will make welcome news for many public authorities.
The facts
Kennedy, a journalist for The Times newspaper, had requested information held by the Charity Commission to investigate three inquiries it had conducted in relation to the Mariam Appeal. The Mariam Appeal was launched in 1998 by MP George Galloway following the imposition by the UN of sanctions against Iraq. In 2003, allegations were made that improper donations had become funds of the Appeal which prompted the Charity Commission to carry out three inquiries.
The request for information was made under s 1(1) of the Freedom of Information Act 2000 (FIA 2000) which grants individuals a general right to request information held by public authorities. The Charity Commission, as a public authority, is obliged to fulfil any requests for information
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