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The positions of the parties
The positions of the parties
The Appellant
The Appellant continued to pursue each of the grounds of appeal for which he had been granted permission. Mr Fowles maintained that the Tribunal erred in law because, while it identified the test it had to apply in determining whether the exemption under section 41 FOIA was available, it failed properly to apply it in its decision making. He also argued that the Tribunal managed its procedure in a way which was unfair. He invited me to allow the appeal and to set aside the FtT Decision as being materially in error of law.
- Heading
- The decision of the Upper Tribunal is to allow the appeal
- This case is about the Freedom of Information Act 2000 ( “FOIA” ), which provides for a general right to disclosure of information held by public authorities, subject to certain exemptions It raises the legal issue of whether, when faced with a docum
- Factual background Homes for Haringey ( “HfH” ) was set up by Haringey Council (the “Council” ) in 2006 to manage its housing stock comprising approximately 21,000 leasehold properties, some of which were rented, and ot
- HLA was established in 2000 to provide representation to 4,500 leaseholders of Haringey Council. HLA has from time to time been ‘recognised’ by HfH as a consultative body for leaseholders, a status th
- The requests
- Procedural background
- Grounds of appeal
- The positions of the parties
- The Information Commissioner (First Respondent)
- Homes for Haringey (Second Respondent)
- The law
- Discussion
- Ground 2
- Ground 4
- Ground 7
- Conclusions