01/07/2020 The Request

01/07/2020, the request was made of National Highways:

“I ask to be provided for the below 15 claims:

  1. The Cost Breakdown Document (CBD)
    The CBD will be in their original spreadsheet (Excel) format, with no alteration /amendments of the content and the cells will contain their references to associated/linked workbooks. These ‘workbooks’ have recently been referred to by your General Counsel, Tim Reardon as a schedule of rates.
  2. The associated workbooks/worksheets referenced in each of the CBD’s.
  3. If the workbooks/sheets are unavailable:

a. Why they cannot be produced i.e. why they were deleted/discarded
b. Why they cannot be located
c. When they were used, the date:

    1. From and
    2. To

The 15 claim references are below, in the following format:
Loss Date
Kier Ref
Invoice number…”

(specific claim references excluded)


29/07/2020, National Highways responded; it did not hold the information requested as it was not involved in the pursuit of sub-threshold claims.

That same day, an Internal Review was sought.


28/08/2020, National Highways responded; it had completed its internal review and upheld its initial refusal on the same basis that it did not hold the requested information.


29/08/2020, the matter was referred to the ICO


16/08/2021, the ICO issued their Decision Notice (‘DN’) IC-48280-N2N3; the information requested was held by National Highways subcontractor Kier (Kier Highways Ltd) on the Authority’s behalf. National Highways was required to reconsider the request on the basis that it did hold the information requested.


13/09/2021, National Highways appealed the DN