Browning v The Information Commissioner & Anor

Browning v The Information Commissioner & Anor

The Tribunal Procedure Rules, properly construed, permit the exclusion of both a party and their legal representative from a closed session in FOIA appeals, except where the Tribunal cannot carry out its investigatory function fairly and effectively without the representative's assistance. This approach is justified by the statutory context, the investigatory nature of FOIA appeals, and the need to protect third party confidentiality and interests.

Parties
Appellant: Jonathan Browning; 1st Respondent: The Information Commissioner; 2nd Respondent: The Department for Business, Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
30 July 2014
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Closed Material Procedure, Tribunal Procedure, Confidentiality, Natural Justice
Administrative Law Information Law Freedom of Information Closed Material Procedure Tribunal Procedure Confidentiality Natural Justice

Case Brief

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Parties

Jonathan Browning

Appellant

The Information Commissioner

1st Respondent

The Department for Business, Innovation and Skills

2nd Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal can lawfully adopt a closed material procedure excluding a party and their legal representative in FOIA appeals
  2. 2 Whether the Tribunal Procedure Rules permit exclusion of both party and legal representative
  3. 3 Whether such exclusion is intra vires the enabling statute

Ratio Decidendi

The Tribunal Procedure Rules, properly construed, permit the exclusion of both a party and their legal representative from a closed session in FOIA appeals, except where the Tribunal cannot carry out its investigatory function fairly and effectively without the representative's assistance. This approach is justified by the statutory context, the investigatory nature of FOIA appeals, and the need to protect third party confidentiality and interests.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the Upper Tribunal is upheld.