Confidentiality can be a possession

Regina (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council [2009] EWHC 2382 (Admin); TLR 9 November

Article 1 of the First Protocol of the European Convention on Human Rights entitles every person to the peaceful enjoyment of his possessions. Veolia ES Nottinghamshire Ltd applied for judicial review of a decision of Nottinghamshire County Council, to make certain documents relating to a waste management contract between them and the council available to Mr Shlomo Dowen, a local government elector, for inspection under s15(1) of the Audit Commission Act 1998 on the grounds that they contained commercially confidential information.