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Coombs v Information Commissioner and
The Buckinghamshire Grammar Schools
[2023] UKUT 157 (AAC)
IN THE UPPER TRIBUNAL Case No. UA-2022-000677-GIA
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (General Regulatory Chamber)
Between:
James Coombs
Appellant
- v -
Information Commissioner
First Respondent
and
The Buckinghamshire Grammar Schools
Second Respondent
Before: Upper Tribunal Judge Zachary Citron
Decision date: 5 July 2023
Decided on consideration of the papers
Representation:
Appellant: David Lawson of counsel
First Respondent: Felicity McMahon and Gemma McNeil-Walsh, both of counsel
Second Respondent: Stefan Kuppen of counsel
DECISION
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- The appeal is allowed
- Directions
- REASONS FOR THE DECISION
- The Upper Tribunal proceedings
- Dicta on adequacy of reasons
- Ground a
- Ground b
- What was the evidence of ‘tutors’ advantage’?
- Was the evidence of ‘tutors’ advantage’ challenged?
- Did the FTT decision adequately explain why “overbearing weight” was to be given to ‘tutors’ advantage’ in the public interest balance test?
- Reasonably obvious from context why Mr Coombs’ challenge rejected?
- Reliability and credibility of witnesses - adequate explanation of the ‘tutors’ advantage’ finding?
- Relevance of “closed session” information?
- Materiality of the ‘tutors’ advantage’ finding?
- Conclusion on ground b
- Conclusions
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