[2023] UKUT 157 (AAC)

TBGS made a further submission that appeared to say that because the ‘tutors’ advantage’ finding weighed on the same side of the public interest balance as the public interest in the maintenance of confidences, it was not relevant, or materially relevant, if the FTT decision erred in relation to ‘tutors’ advantage’. I do not accept such a submission: the FTT decision recognised one or more factors weighing in the public interest balance in favour of disclosure (see at [97]) and then found that the ‘tutors’ advantage’ factor carried “overbearing weight”. If one removes the ‘tutors’ advantage’ factor from the balance (on grounds that it was inadequately explained and so represented an error of law), the overall public interest balance is, clearly, materially changed.