HMCTS FOI 260201005 response

the judicial decision-making process. It is the type of data that would be 
recorded in court registers and administrative logs, separate from case files 
containing evidence and arguments. I therefore ask that you reassess whether 
Section 32(1) applies to this specific class of administrative record. 
 
2. Requirement for a Formal Section 32 Refusal Notice: 
If, after a proper search, HMCTS's position is that all requested information is 
indeed held "only by virtue of being contained in a document filed with or 
created by a court... for the purposes of proceedings" (s.32(1)(c)), please issue 
a formal refusal notice under Section 17 of the FOIA. 
This notice must: 

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a. State that fact. 
b. Specify the exact subsection of Section 32 you are relying upon (e.g., 
s.32(1)(a), (b), or (c)). 
c. Explain why that exemption applies to the information requested, 
addressing the distinction between administrative metadata and judicial 
records noted above. 
 
3. Duty to Provide Advice and Assistance (Section 16): 
Under Section 16 of the FOIA, you have a duty to provide advice and 
assistance. Your direction to "contact the relevant court or tribunal directly" is 
generic. To fulfil this duty, please provide: 
a. The specific contact details for the court record holder for the Cardiff 
County Court (or relevant South Glamorgan court) for 1974-era records. 
b. A clear reference to the "appropriate Procedure Rules" you mention (e.g., 
the specific part of the Civil Procedure Rules or Practice Direction) that govern 
access to historical administrative court data of this nature. 
c. Guidance on the precise wording or form such a request to the court should 
take, given I am seeking administrative metadata rather than case file 
contents. 
 
4. Search for Non-Exempt Information & Duty to Confirm or Deny: 
Finally, I remind you of your duty under Section 1(1)(a) of the FOIA to confirm 
or deny whether you hold the information. Your current response suggests 
you may not have conducted a search. Please confirm that a search of relevant 
administrative systems (separate from judicial case files) has been conducted 
for the requested metadata. Even if some information is exempt under Section 
32, other parts (such as current file retention policies for historic records) may 
not be. 
 
I am making a request under the Freedom of Information Act 2000 for 
**administrative and procedural records** held by HM Courts and Tribunals 
Service relating to the following civil proceedings: 
 
**Case title:** BP Properties Ltd v Buckler (and/or BP Pension Trust Ltd v 
Requester) 
**Court:** Cardiff County Court (or relevant South Glamorgan county court) 
**Year:** 1974 
**Relevant hearings:** July 1974 and on or around 30–31 October 1974 
 
This request is limited to **administrative metadata and court records of 
process**, and does not seek judicial reasoning, pleadings, evidence, or 
transcripts. 
 
Your request has been handled under the FOIA. 
 
The MoJ acting as a public authority does not hold any information within the scope 
of your request. The information, if held, cannot be obtained from the administrative 
systems held for the public authority purposes so is therefore not subject to the 
FOIA. 
  

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However, the information, if held, can only be obtained by accessing the case 
records, which are held in the custody of the courts, for the purposes of the courts, 
only. You may wish to contact the Courts directly to apply for access to the 
information. 
  
To contact the Courts, please see the information that’s published at: 
https://www.find-court-tribunal.service.gov.uk/ 
 
Find a Court or Tribunal - GOV.UK 
 
The FOIA does not oblige a public authority to create information to answer a 
request if the requested information is not held. The duty is to only provide the 
recorded information held. 
 
Appeal Rights  
 
If you are not satisfied with this response, you have the right to request an internal 
review by responding in writing to one of the addresses below within 40 working 
days of the date of this response.  
 
[email redacted] 
 
Disclosure & Library Team, Ministry of Justice, Postal Point 5.22, 102 Petty France, 
[address redacted]
 
You do have the right to ask the Information Commissioner’s Office (ICO) to 
investigate any aspect of your complaint. However, please note that the ICO is likely 
to expect internal complaints procedures to have been exhausted before beginning 
their investigation. 
 
Yours sincerely  
 
Knowledge and Information Liaison Officer   
National Support Unit HM Courts & Tribunals Service