Which court decided it?

Supreme Court in 2014. Neutral citation: [2014] UKSC 20.

Why does it matter for UK journalists?

FOIA is the primary framework for information rights and generally supersedes Article 10 in domestic disputes. Public bodies can be under common-law transparency duties independent of statute. Court affirmed extensive access-to-information rights against statutory investigators.

Kennedy v Charity Commission

[2014] UKSC 20 — Supreme Court, 2014

Last reviewed: 14 July 2026Next review due: 14 January 2027

What the court held

The Supreme Court considered the interaction between the Freedom of Information Act 2000 and Article 10 ECHR, ruling that FOIA does not incorporate Article 10 rights where the domestic statute provides its own regime. Also confirmed common-law disclosure obligations of statutory inquiry bodies.

Key rulings

FOIA is the primary framework for information rights and generally supersedes Article 10 in domestic disputes.
Public bodies can be under common-law transparency duties independent of statute.
Court affirmed extensive access-to-information rights against statutory investigators.

Topics

Freedom of InformationtransparencyArticle 10 ECHR

Acts cited

Freedom of Information Act 2000
Human Rights Act 1998

Authoritative source

Read the full judgment on BAILII (British and Irish Legal Information Institute):

https://www.bailii.org/uk/cases/UKSC/2014/20.html

Related landmark cases

Landmark caseAshdown v Telegraph Group Ltd [2001] EWCA Civ 1142Read →Landmark caseFinancial Times Ltd and Others v United Kingdom (2010) 50 EHRR 46Read →Landmark caseGoodwin v United Kingdom (1996) 22 EHRR 123Read →Landmark caseIn re Guardian News and Media Ltd [2010] UKSC 1Read →

Case summaries are drafted by UK JournoHub Editorial for practising UK journalists. They are not legal advice. Always consult primary sources and, for high-risk stories, take specialist legal advice.