J Barrett v The Information Commissioner & Anor

J Barrett v The Information Commissioner & Anor

The First-tier Tribunal erred in law by failing to minimise, to the fullest extent possible, the disadvantage to the appellant inherent in closed material procedures in a paper-determined FOIA appeal, specifically by not considering or providing a gist of closed material and closed submissions, and by treating the rule 14(6) direction as a bar to further disclosure rather than considering whether fairness required amendment of the direction.

Parties
Appellant: Mr J Barrett; 1st Respondent: The Information Commissioner; 2nd Respondent: Financial Ombudsman Service
Jurisdiction
England and Wales
Judgment Date
20 April 2024
Procedural Posture
Appeal / Upper Tribunal Appeal From First Tier Tribunal (general Regulatory Chamber)
Outcome
Appeal allowed; First-tier Tribunal decision set aside and remitted for redetermination.
Legal Topics
Freedom of Information, Closed Material Procedure, Tribunal Procedure, Disclosure of Documents
Administrative Law Information Law Freedom of Information Closed Material Procedure Tribunal Procedure Disclosure of Documents

Case Brief

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Parties

Mr J Barrett

Appellant

The Information Commissioner

1st Respondent

Financial Ombudsman Service

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Appeal From First Tier Tribunal (general Regulatory Chamber)

Legal Issues

  1. 1 Whether the First-tier Tribunal failed to minimise the disadvantage to the appellant inherent in closed material procedures in a paper-determined FOIA appeal.
  2. 2 Whether the appellant was given a fair opportunity to make submissions on the application of rule 14(6) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.
  3. 3 Whether a Tribunal Registrar had authority under the relevant Practice Statement to give directions under rule 14(6).

Ratio Decidendi

The First-tier Tribunal erred in law by failing to minimise, to the fullest extent possible, the disadvantage to the appellant inherent in closed material procedures in a paper-determined FOIA appeal, specifically by not considering or providing a gist of closed material and closed submissions, and by treating the rule 14(6) direction as a bar to further disclosure rather than considering whether fairness required amendment of the direction.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and remitted for redetermination.

Orders

  • The decision of the First-tier Tribunal is set aside under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007.
  • The appeal is remitted to the First-tier Tribunal for redetermination with directions regarding requests for hearing, panel composition, and case management.