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  • Request for copy of competitor’s licence deed

    Case notes
    Ferry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released information.
  • Request for consultant’s report on potentially contaminated sites

    Case notes
    Requester sought consultant’s report on potentially contaminated sites—Council concerned that information would prejudice site owners’ commercial position when selling land and/or business on that land—s 7(2)(b)(ii)—information already available by way of LIM or PIM request—release would not increase extent of prejudice that already existed—information released on recommendation
  • Request for contaminated land information

    Case notes
    Request for contaminated land information—doctoral thesis—information withheld to avoid prejudice to future supply and prejudice to commercial interests of third parties