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The sole issue on this appeal to the Upper Tribunal
The sole issue on this appeal to the Upper Tribunal
This appeal concerns the proper composition of a First-tier Tribunal (FTT) in the General Regulatory Chamber in proceedings under the Freedom of Information Act (FOIA). More particularly, the issue is whether, with the consent of the parties, the FTT can hear evidence in the absence of one of the panel members who later views the recorded evidence and rejoins the tribunal for its deliberations.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal dated 28 November 2022 under number EA/2021/0034 involves an error of law. However, the First-tier Tr
- The sole issue on this appeal to the Upper Tribunal
- The outcome of the appeal
- The parties to this appeal
- The FOIA request and the Information Commissioner’s Decision Notice
- A chronology of the proceedings in the First-tier Tribunal
- The Upper Tribunal’s grant of permission to appeal
- The proceedings before the Upper Tribunal
- The Appellant’s submissions on his notice of appeal
- The Information Commissioner’s submissions in response
- The Council’s submissions in response
- The Appellant’s submissions in reply
- The rules governing the composition of the First-tier Tribunal
- The natural justice point
- Disposal
- Conclusions