Keane v IC & Ors

Keane v IC & Ors

The Tribunal majority did not err in law in its application of the public interest balancing test; the decision to maintain the qualified exemptions under sections 24(1) and 38(1) of FOIA was sustainable and properly reasoned.

Parties
Appellant: Keane; First Respondent: Information Commissioner; Second Respondent: Home Office; Third Respondent: Metropolitan Police Service
Jurisdiction
England and Wales
Judgment Date
17 October 2016
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act, National Security, Health and Safety, Public Interest Balancing Test, Historical Records Disclosure
Information Rights Administrative Law Freedom of Information Act National Security Health and Safety Public Interest Balancing Test Historical Records Disclosure

Case Brief

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Parties

Keane

Appellant

Information Commissioner

First Respondent

Home Office

Second Respondent

Metropolitan Police Service

Third Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal correctly applied the public interest balancing test after finding qualified exemptions under sections 24(1) and 38(1) of FOIA were engaged

Ratio Decidendi

The Tribunal majority did not err in law in its application of the public interest balancing test; the decision to maintain the qualified exemptions under sections 24(1) and 38(1) of FOIA was sustainable and properly reasoned.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of the First-tier Tribunal stands.