Cabinet Office and Department for Digital, Culture, Media and Sport v Information Commissioner (GIA): [2020] UKUT 140 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Markus, QC on 23 April 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 15 June 2020

• Categories: Information rights, Tribunal procedure and practice
• Sub-categories: Information rights - Freedom of information - public interest test, Tribunal procedure and practice - statements of reasons
• Judges: Markus, K
• Decision date: 19 April 2020

Read the full decision in GIA/650 & 651/2019.

Judicial Summary

“1. The First-tier Tribunal had failed to give adequate reasons for deciding that the public interest favoured disclosure of a document. The harm arising from disclosure relied upon by the public authority was different from that relied upon in relation to the remainder of the material.
2. If the tribunal had been unable to give adequate open reasons, it should have provided closed reasons. Davies v The Information Commissioner (GIA) [2019] UKUT 185 (AAC) applied. 3. The First-tier Tribunal’s reasons for refusing permission could not be relied upon to supplement the reasons for its decision on the appeal. “

Published 15 June 2020