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High Court Judgments Sorted by Section of the Act

The South West Area Health Board Vs The Information Commissioner

This judgement was given by the High Court on an appeal against the Commissioner's decision in Case Number 99013 . The judgement, given by Mr. Justice T.C. Smyth on 31st May 2005, up-held the appeal by the Health Board (now the Health Services Executive South Western Area) against the Commissioner's decision to direct the release of certain parts of records concerning the requester's birth mother. The requester had been adopted shortly after her birth in the early 1960's.

A written version of the judgement has not been made available by the Courts Service. The Health Services Executive South Western Area has made a copy of the judgement, recorded by a stenographer retained by it, available to the Commissioner for publication on her website due to the importance of the judgement for FOI practitioners and the public generally.

There are a small number of inaccuracies in the judgement related to the numbering of the records at issue. These are currently the subject of an amendment application to the Court. The inaccuracies do not affect the substantive judgement in the case.

Download the Judgement

The Commissioner has decided not to appeal this case to the Supreme Court.