James Coyne standing up for pts with ME like no one else

alex3619

Senior Member
Messages
13,810
Location
Logan, Queensland, Australia
We have a barrow full of probable causes. We are totally vested in getting to the truth. Some of us might be angry or bitter, but many of us are scientifically literate and want good science. Without the data this research cannot be interpreted.

So the question we have been asking for a while now is when is a vexatious request excuse itself vexatious? Or is it even more sinister than that? (rhetorical question)
 

Valentijn

Senior Member
Messages
15,786
Perhaps but we are not in a legal setting here. The people who decided that requests were vexatious were not judges in a court.
Actually it almost certainly is intended in the legal sense. If it was a matter of "You can withhold data if you're annoyed by the request", it's completely subjective and everyone could use it. The legal definition has the additional requirement of bad faith, which turns it into a meaningful concept which can be applied to data requests and refusals.

Additionally, the respondents (QMUL) aren't making a judgement. They're making an argument: we won't send you data because we believe the rules don't require it. The same thing happens in other settings ... it's not in court, but people are basing their decisions on what they understand of the law. Then, when the other party disagrees, they go to court. But it is a legal definition which people are relying on to inform their decisions.

And the forum for these "vexatious" requests and denials is very legalistic. There are laws or regulations saying when data must be released, and exceptions for that. It might be a bit odd to think of rules and regulations as being a legal subject, but we learned about plenty of them in law school. In the case of the FOI requests, lawyers are often involved, are arguing legal points based on the rules and precedent, and it's going to a tribunal (judges) on appeal.

I dare say FOIAs are entirely a legal matter.
 
Messages
724
Location
Yorkshire, England
Its at the point that being "vexatious" could be considered a badge of honour.
I'd like to respond through the medium of song lyrics, if I may:

You say vexatious
I say vexated

You say vexator
I say liberator
You say PACE is the final word
I say call the damn thing off


I'll stick to my day job. :oops: :rolleyes:

To be sung by Tenacious D(avid Tuller)
and Vexacious C(oyne)
 
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