Brown, R (On the Application Of) v Upper Tribunal [2013] EWHC 4802 (Admin) (19 December 2013)

Brown, R (On the Application Of) v Upper Tribunal [2013] EWHC 4802 (Admin) (19 December 2013)

Permission to apply for judicial review is granted on the grounds that there is an arguable case with a reasonable prospect of success regarding the public interest balance under the Freedom of Information Act and the adequacy of reasons for non-disclosure of procedural information, both of which raise important points of principle or practice.

Citation
[2013] EWHC 4802 (Admin)
Parties
Claimant: Brown; Defendant: Upper Tribunal
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Judicial Review / Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted on limited grounds
Legal Topics
Judicial Review, Permission to Appeal, Open Justice, Sealing of Royal Wills, Freedom of Information Act, Public Interest Balance
Administrative Law Freedom of Information Judicial Review Permission to Appeal Open Justice Sealing of Royal Wills Freedom of Information Act Public Interest Balance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Brown

Claimant

Upper Tribunal

Defendant

Procedural Posture

Judicial Review / Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Upper Tribunal and First Tier Tribunal erred in law in refusing disclosure under the Freedom of Information Act regarding the sealing of Royal Wills
  2. 2 Whether the tribunals failed to give sufficient weight to the principles of open justice
  3. 3 Whether the reasons for non-disclosure of procedural aspects of the document were adequate

Ratio Decidendi

Permission to apply for judicial review is granted on the grounds that there is an arguable case with a reasonable prospect of success regarding the public interest balance under the Freedom of Information Act and the adequacy of reasons for non-disclosure of procedural information, both of which raise important points of principle or practice.

Court Disposition

Permission to apply for judicial review granted on limited grounds

Orders

  • Permission to apply for judicial review is granted on the grounds relating to the public interest balance and adequacy of reasons for non-disclosure of procedural information.
  • Permission is refused on other grounds, including the argument regarding section 37 of the Freedom of Information Act.