FT/EA/2024/0195 - [2025] UKFTT 01263 (GRC)

The grounds of appeal are the same in both appeals:

The Commissioner does not appear to have considered whether the exemptions actually apply to all the withheld information e.g. the Appellant cannot see how section 44 FOIA could apply to emails that Ofgem sent to The Times.

There was a particularly strong public interest in release of any material relating to the threats that Ofgem reportedly used to try to force The Times to release journalistic information. The relevant emails, appropriately redacted, should be released.

The same applies to any informal requests for information prior to the formal threats.

One reason Ofgem claims section 31 applies is: "If correspondence between Ofgem and third parties relating to an investigation was to be made public, it would discourage parties from communicating with us in and open and transparent manner”. This seems very generic and not really applicable where they have tried to force The Times to provide information against its will.

Two separate requests were made due to the section 12 costs limit.