The Secretary of State for Defence v The Information Commissioner

Facts

Mr Mark Ellis made two requests under the Freedom of Information Act 2000 to the Ministry of Defence for Army Equipment Support Publications — maintenance and repair manuals for Bedford trucks and mounted snowploughs. His first request, made on 28 October 2023, sought the manuals for the Bunce and Eagle snowplough truck mountings; the MOD replied that it did not hold the Bunce manual and refused the Eagle manual under section 14(1) of the Freedom of Information Act 2000 as burdensome, citing intellectual property and third party consultation difficulties. His second request, made on 9 April 2024, sought a page count and four Bedford TL manuals covering operating information, repair instructions and two sets of inspection standards; that too was refused as burdensome, though the page count was later supplied. Mr Ellis complained to the Information Commissioner. During the investigation the MOD abandoned section 14(1) and relied instead on section 41(1) and section 43(2). By a decision notice dated 29 July 2025 the Commissioner accepted that the Bunce manual was not held but found neither exemption engaged and ordered disclosure of the remaining five manuals. The MOD appealed to the First-tier Tribunal, its notice of appeal being submitted ten days late.