Duchy of Cornwall appeal over scrutiny ruling
- Published
The Prince of Wales' private estate is fighting a court ruling that would force it to open up the Duchy of Cornwall to increased public scrutiny.
The Duchy is appealing against a decision that it is a "public authority" and must hand over data over a controversial oyster farm it owns.
In 2011, it was ordered to disclose environmental data on the Port Navas Oyster Farm in Cornwall.
The Duchy is the estate given to the heir to the throne.
Thomas de la Mare QC, representing the Duchy, said the estate did not exercise any public functions.
He said: "None of the relevant powers in question, save perhaps the ceremonial aspects, are concerned with service of public interest.
"There is no separate legal personality for the Duchy."
The order was made after John Angel, principal judge of the First-Tier Tribunal on information rights - a court that deals with legal battles relating to freedom of information - overturned a ruling by the Information Commissioner in October 2010 that the Duchy was not a public body subject to the regulations.
He ruled that under the Environmental Information Regulations 2004, the Duchy of Cornwall was a public authority.
In 2011, the estate was ordered to hand over information concerning the environmental impact of the Cornish farm after a local campaigner claimed it was damaging the natural habitat.
The Duchy of Cornwall is the estate given to the heir to the throne, comprising of 53,628 hectares of land in 23 counties, mostly in the south-west of England and including the whole of the Isles of Scilly.
It was created in 1337 by Edward III for his son and heir, Prince Edward the Black Prince, who became the first Duke of Cornwall.
Its website says its primary function is "to provide an income from its assets for the Prince of Wales".
- Published3 November 2011