After Mr Sugar's death, an appeal by his widow was heard at the Supreme Court on 23 November 2011. On 15 February 2012 the Supreme Court unanimously dismissed the appeal. All but one judge dismissed it on the basis that, even if information is held only partly for the purposes of journalism, art or literature, as it was in this case, it is outside the scope of FOIA. Lord Wilson would have dismissed it on the basis that, if information is held predominantly for the purposes of journalism, art or literature, it is outside the scope of FOIA and that the Balen Report was held predominantly for those purposes