Frans Becker v Information Commissioner

Frans Becker v Information Commissioner

The appeal was struck out because the appellant did not dispute that the information fell within section 23 of FOIA, which is an absolute exemption, and the Tribunal has no jurisdiction to order disclosure on discretionary or moral grounds.

Parties
Appellant: Frans Becker; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
08 March 2023
Procedural Posture
Appeal / Strike Out Decision
Outcome
appeal struck out
Legal Topics
Freedom of Information, Statutory Interpretation, Security Exemptions
Information Law Administrative Law Freedom of Information Statutory Interpretation Security Exemptions

Case Brief

Summary, issues, holding and outcome

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Parties

Frans Becker

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Decision

Legal Issues

  1. 1 Whether the requested information is exempt from disclosure under section 23 of the Freedom of Information Act 2000
  2. 2 Whether the Tribunal has discretion to order disclosure despite the exemption
  3. 3 Whether moral considerations are relevant to the Tribunal's decision

Ratio Decidendi

The appeal was struck out because the appellant did not dispute that the information fell within section 23 of FOIA, which is an absolute exemption, and the Tribunal has no jurisdiction to order disclosure on discretionary or moral grounds.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.