E.ON UK plc v 1. The Information Commissioner; 2. Fish Legal (GIA): [2019] UKUT 132 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Markus QC on 17 April 2019.
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Judicial Summary
Request for information from a body which disputed that it was a public authority and also denied that it held the information - on appeal against an information notice requiring information relevant to the public authority question, whether it was a relevant objection that the Commissioner could or should have decided that the application was academic because the body did not hold the information - application of decision in Fish Legal v Information Commissioner [2015] UKUT 52 (AAC) - the FTT was correct to decide that the objection was not relevant because the Commissioner had no jurisdiction to determine whether the information was held until she had decided the public authority question.