Alan Dransfield's Blog

Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

'Vexatious' can not be defined contextually as 'manifestly unreasonable'

VexatiousPosted by Sheila Oliver Sun, April 07, 2019 18:18:32

In Stocker v Stocker (SvS) dated 3rd April 2019 v the Supreme Court (SC) concluded, inter alia, that lower court judges unlawfully fettered their reasoning when relying on an external definition, absent context, upon which their judgement turned, especially when the contentious issue was proven to be true.

Using the same rationale put by the SC in S v S, it must follow that the Court of Appeal and Supreme Court misdirected itself and erred in law when deciding Dransfield (2015 EWCA /454 Civ because not only can 'vexatious' not be defined contextually as 'manifestly unreasonable', but it has been subsequently proved that the issue of vexatiousness never existed in the first place, within Dransfield, and also that disclosure of the information sought was proved not to be manifestly unreasonable.

Therefore, both logic and justice dictate that the SC voluntarily revisit Dransfield and strike out all lower court decisions blocking Dransfield's access to information that has now been freely placed in the public domain on the grounds that publication is justified not least on grounds of health and safety, as originally stated by Dransfield in his FoIA request.

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