The UK Supreme Court 26 March 2015, [2015] UKSC 21 (R (Evans) & Anor v Attorney General)

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The Supreme Court dismissed the Attorney General's appeal, holding that section 53(2) of the Freedom of Information Act 2000 does not permit the executive to override a judicial decision simply by disagreeing with a court's assessment of the public interest. The majority determined that the 'reasonable grounds' required for an executive certificate must involve more than a mere preference for a different conclusion on the same facts, particularly where fundamental constitutional principles of the rule of law and separation of powers are engaged. Additionally, the Court held that the executive override is incompatible with Article 6 of Directive 2003/4/EC regarding environmental information, as judicial decisions in that sphere must be final and binding.AI