From: [[Ian Jackson]]
To: <casework@ico.gsi.gov.uk>
Subject: Re: Your complaint against Cambridgeshire County Council [Ref.
 FS50431297]
Date: Mon, 14 May 2012 11:35:12 +0100

casework@ico.gsi.gov.uk writes ("Your complaint against Cambridgeshire County Council [Ref. FS50431297]"):
> I write regarding the above complaint brought to the Information Commissioner
> against Cambridgeshire County Council (the ?Council?).

Thanks.

> A key issue in this case, I would suggest, relates to the timing of
> the request itself. I am aware that at the point at which the
> request was made, which will serve as the focus of my
> considerations, the Council had already commenced legal proceedings
> against Bam Nuttall in the Technology and Construction Court.  The
> information that was submitted to the adjudicator now forms part of
> the litigation bundle that was to be presented in court. As with
> most proceedings of this nature, it is an accepted convention that
> it would be unfair to disclose in the midst of proceedings
> information that may be central to a legal position adopted by a
> party.

I find this point of view perplexing in the current circumstances.  I
agree that it would be prejudicial to reveal such matters to the
opposing party in litigation.  However, here, the documents I am
requesting have _already_ been revealed to BAM Nuttall!  The only
people who haven't seen it are the Court (who can protect their own
processes quite well enough) and the public.

> I am aware that this view will not be welcomed by you. However, in
> light of my findings, I would recommend that the case is closed at
> this stage. This is based on the view that the Council would not be
> required to take any steps on this matter.

Certainly in any case I do not withdraw my complaint.
I require the Commissioner to issue a Decision Notice.  

If I am dissatisfied with the DN I will consider my options, which of
course include an appeal to the Tribunal.

Thanks,
Ian.