Perrys Motor Sales/Perrys Group Limited v Information Commissioner & Anor

Perrys Motor Sales/Perrys Group Limited v Information Commissioner & Anor

The Tribunal found that all disputed information related to the formulation and development of policy on the treatment of furlough scheme payments in business interruption insurance claims, and that policy was actively formulated and reviewed throughout the relevant period. Section 35(1)(a) FOIA exemption was...

Source-derived case information.

Parties
Appellant: Perrys Motor Sales/Perrys Group Limited; 1st Respondent: Information Commissioner; 2nd Respondent: HM Treasury
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Government Policy Exemptions, Legal Professional Privilege, Public Interest Test
Information Rights Administrative Law Freedom of Information Act Government Policy Exemptions Legal Professional Privilege Public Interest Test

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Parties

Perrys Motor Sales/Perrys Group Limited

Appellant

Information Commissioner

1st Respondent

HM Treasury

2nd Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 35(1)(a) FOIA exemption is engaged for withheld information
  2. 2 Whether section 42(1) FOIA exemption applies to parts of withheld information
  3. 3 Whether the balance of public interest favours disclosure or withholding

Ratio Decidendi

The Tribunal found that all disputed information related to the formulation and development of policy on the treatment of furlough scheme payments in business interruption insurance claims, and that policy was actively formulated and reviewed throughout the relevant period. Section 35(1)(a) FOIA exemption was engaged, and the public interest in maintaining a safe space for policy debate outweighed the public interest in disclosure. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • No substituted decision notice issued
  • No disclosure of withheld information