Enquiries to:
Information Team
Our Ref:
FOI7073394
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear Mr Roberts
Freedom of Information Request 7073394
Thank you for your recent information request, the limited elements of which being valid
sought the following information –
“1. Now supply the reason as to why the new acting Mayor (Wendy Simon) had taken
a donation of over £1.900 from Kerry Tomlinson of the failed company (Primesite) with
regards to his failed £40 million site in her (Wendy Simon's ward) did she record this
payment and disclose this to the LCC and to the Mayor Joe Anderson, was he told of
this payment?
2. Why would Cllr Wendy Simon, be linked or involved with this person (Tomlinson)
can the LCC explain this to the public?”
Response
In relation to the specifics of this request, we would advise –
1.
Freedom of Information legislation does not extend to providing explanations to
speculative comment and opinion. Information relating to the offers of gifts and
hospitality made to and registered by Elected Members are already wholly in the
public domain and reasonably accessible to you on the City Council’s website at
www.liverpool.gov.uk – a Section 21 exemption is therefore applied on this basis.
2.
Freedom of Information legislation does not extend to providing explanations to
speculative comment and opinion.
3.
Freedom of Information legislation does not extend to providing explanations to
speculative comment and opinion.
On this basis, Section 21 of the Freedom of Information Act 2000 is applied and this
response therefore serves as a Notice under Section 17 of the same Act.
To the extent that you comment relating to individuals both Councillors and Officers –
Warning - Submission of Information
Requests with potentially Defamatory Content
It is our assessment that the content of a number of the statements within your request are
in whole or part potentially defamatory in nature, that these identify or refer to individuals
and are being published by yourself through the use of a public website forum to third
parties.
We would further advise you that the defamatory statements made by yourself either
directly or through recognised aliases and contained within the information requests
referenced above fall within the meaning of Article 14(1)(a) of the E-Commerce Directive
Li verpool City Council Information Team Cunard Building, Water Street, Liverpool, L3 1AH
E:
xxxxxxxxxxxxxxxxxxx@xxxxxxxxx.xxx.xx

(2000/31/EC). Under the law of England and Wales, a defamatory statement is one which
tends to lower the claimant in the estimation of right thinking members of society generally
(Sim v Stretch [1936] 2 All ER 1237).
We would further advise that a defamatory statement is published at the place where it is
read, heard or seen, and is not where the material was first placed on the internet. In
internet cases, therefore, provided a small number of people have access to the material on
the internet in England, the English courts will have jurisdiction to hear the claim against a
foreign defendant (Spiliada Maritime Corp v Cansulex Ltd [1987] A.C. 460).
We would therefore advise that you take prompt action to remove or disabled access to the
Offending Webpages.
In the event that this confirmation is not received, the individuals named directly or by
implication within the above referenced information requests and publicly displayed on the
Offending Websites shall reserve the right to issue proceedings against you seeking relief
for defamation.
The remedies that may be available to the these individuals include an injunction
restraining further publication of the Offending Statement [pending trial], damages, legal
costs and interest.
This concludes our response.
The City Council will consider appeals, referrals or complaints in respect of your Freedom of
Information Act 2000 and you must submit these in writing to
xxxxxxxxxxxxxxxxxxx@xxxxxxxxx.xxx.xx within 28 days of receiving your response. The matter
will be dealt with by an officer who was not previously involved with the response and we
will look to provide a response within 40 days.
If you remain dissatisfied you may also apply to the Information Commissioner for a
decision about whether the request for information has been dealt with in accordance with
the Freedom of Information Act 2000. The Information Commissioner’s website is
www.ico.gov.uk and the postal address and telephone numbers are:- Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Telephone: 0303-123-113. Email
–xxxx@xxx.xxx.xxx.xx (they advise that their email is not
secure)
Yours sincerely
Liverpool City Council
Li verpool City Council Information Team Cunard Building, Water Street, Liverpool, L3 1AH
E:
xxxxxxxxxxxxxxxxxxx@xxxxxxxxx.xxx.xx