Edward Carter v Information Commissioner & Anor

Edward Carter v Information Commissioner & Anor

The First-tier Tribunal erred in law by failing to properly consider and assess evidence of the actual effect of disclosure of similar information by other local authorities when determining whether section 31(1)(a) FOIA was engaged. This omission rendered its decision unsafe and required the decision to be set...

Source-derived case information.

Parties
Appellant: Edward Carter; Respondent: Information Commissioner; Respondent: Westminster City Council; Respondent: City of London Corporation
Jurisdiction
England and Wales
Judgment Date
12 February 2025
Procedural Posture
Appeal / Upper Tribunal Judgment on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing by a differently constituted panel.
Legal Topics
Freedom of Information, Statutory Exemptions, Prevention of Crime, Public Interest Test
Administrative Law Information Law Freedom of Information Statutory Exemptions Prevention of Crime Public Interest Test

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Parties

Edward Carter

Appellant

Information Commissioner

Respondent

Westminster City Council

Respondent

City of London Corporation

Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in applying section 31(1)(a) Freedom of Information Act 2000 (prevention of crime) exemption to requests for business rates data
  2. 2 Whether the tribunal failed to properly consider evidence of actual effects of disclosure in comparable circumstances
  3. 3 Whether the public interest test was correctly applied

Ratio Decidendi

The First-tier Tribunal erred in law by failing to properly consider and assess evidence of the actual effect of disclosure of similar information by other local authorities when determining whether section 31(1)(a) FOIA was engaged. This omission rendered its decision unsafe and required the decision to be set aside and remitted for rehearing.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing by a differently constituted panel.

Orders

  • First-tier Tribunal decisions EA/2022/0181 and 0203 set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007.
  • Cases remitted to the First-tier Tribunal for rehearing by a differently constituted panel.