Does pre-emptive deletion get round the EIR?
Sep 7, 2011
Bishop Hill in FOI

This is a guest post by David Holland.

Two recent Decision Notices appear to uphold the idea, popular with some climate scientists, that pre-emptive deletion of information gets round the Environmental Information Regulations. The first relates to University of East Anglia and the email to which Phil Jones attached the CRUTEM data he sent to Georgia Tech. The second relates to the University of Edinburgh and the Russell Review correspondence, all of which was deleted by the University very soon after the Review Report was released. This was well before we learnt all about Geoffrey Boulton's editing of my evidence submission, and Graham Stringer saying the Review was beyond parody.

The first is being appealed by someone else, but I want to seek advice from any real or armchair lawyers on the second one that I plan to appeal. I have previously had experience of the Information Tribunal, the procedures for which are well explained on the Internet, but I have not yet found the equivalent information for Scotland, where appeals are heard by the Court of Session. I have emailed the only address I can see on the web for the Court but have not had a reply yet.

In particular does anyone know if there is a form upon which to submit an appeal; is there a filing fee; and is it customary for those appealing Decision Notices to have costs awarded against them if they lose or can one obtain protection against costs in cases of great public interest?

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