Jurisdiction(s):
United Kingdom

Farnsworth v IC: UK FTT clarifies EIR 2004 reg 12(4)(d) – external planning consultancy report not in course of completion and disclosable

Published on: 08 August 2025

Published by a LexisNexis Planning expert

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Article summary

Farnsworth v The Information Commissioner (IC) [2025] UKFTT 670 (GRC) What are the practical implications of this case?

This decision serves as a clear prompt for anyone managing information requests to scrutinise the applicability and breadth of exemptions under EIR 2004, SI 2004/3391, or FIOA 2000 where relevant. Erewash Council (the Council) treated the request as falling within EIR 2004, SI 2004/3391 and examined the exemptions in regulation 14. Initially, it considered relying on sub-paragraphs (a) and (e), but ultimately invoked sub-paragraph (d), covering ‘material which is still in the course of completion, to unfinished documents or to incomplete data’.

Given that EIR 2004, SI 2004/3391 derives from European treaties to which the UK is a party, the judge stressed that such instruments must be read in good faith, according to their ordinary meaning, in context and in light of their purposes. That context embraces preambles, annexes, and later agreements between parties on interpretation. Consequently, the judge concluded that EIR 2004, SI 2004/3391 should be construed in line with the United National Economic Commission for Europe guide, which clarifies that ‘...

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