- Title or Description
- Judicial Review Petitions
- FOI Number
- 20250662
- Date Received
- 22/05/2025
- Type of Request
- FOI
- Request or Question
-
Please provide copies of:- (1) the Judicial Review petition(s) served on the Council (including Statements of Fact and Notes of Argument whether served simultaneously or lodged subsequently); and
(2) Answers lodged by the Council (including Note of opposition, Notes of Argument). in respect of:- 1. Stratford and Hurley v. Scottish Borders Council - Response
-
Under section 37 of FOISA, information is exempt from disclosure if it is contained in a document which has been:*lodged with a court for the purposes of court proceedings (section 37(1)(a)(i));*served on, or by, a Scottish public authority for the purposes of court proceedings (section 37(1)(a)(ii));*created by a court for the purposes of court proceedings (section 37(1)(a)(iii));*lodged with a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration (section 37(1)(b)(i)); or*created by a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration (section 37(1)(b)(ii));*AND in all of these cases, a Scottish public authority holds the information only because it is contained in such a document.
The council is therefore refusing your request.
