Brown, R (On the Application Of) v Upper Tribunal

Brown, R (On the Application Of) v Upper Tribunal

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 application of the public interest balance and open justice principles, and that the case raises important points of principle or practice. Other grounds were not arguable.

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, Sealing of Royal Wills, Open Justice, Freedom of Information Act, Disclosure of Documents
Administrative Law Freedom of Information Judicial Review Sealing of Royal Wills Open Justice Freedom of Information Act Disclosure of Documents

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 4 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
  2. 2 Whether the public interest and principles of open justice were properly considered
  3. 3 Whether adequate reasons were given for non-disclosure of the document

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 application of the public interest balance and open justice principles, and that the case raises important points of principle or practice. Other grounds were not arguable.

Court Disposition

Permission to apply for judicial review granted on limited grounds

Orders

  • Permission to apply for judicial review granted on grounds relating to public interest balance and open justice
  • Permission refused on other grounds