Lownie v Information Commissioner and the Foreign, Commonwealth and Development Office: [2024] UKUT 116 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 8 April 2024.

Read the full decision in UA-2023-000935-GIA.

Judicial Summary

This case concerns a request for information relating to Guy Burgess, a member of the Cambridge Five spy ring.

The Upper Tribunal has decided two issues:

First, information contained in a historical record is not in the Public Record Office for the purposes of section 64(1) Freedom of Information Act (FOIA) until it has been formally accepted by a process of accessioning.

Second, the First-tier Tribunal was required under its rules of procedure to provide reasons in a way that protected the interests of national security and was right not to disclose whether it had relied on section 23 or section 24 FOIA.

A third issue relating to the Convention right under Article 10 was reserved for an application to the Court of Appeal, but was not argued.

Updates to this page

Published 21 May 2024