[2024] UKUT 105 (AAC)

We can deal with the second alleged error shortly. We accept Ms Proops’ argument that given Mr Pitt-Payne (rightly in our view) conceded that a user route consisting of a series of hyperlinks on websites provided by different entities could satisfy the transparency principle, this sub-ground of appeal is untenable. Whether or not the requirements of transparency were met in this particular instance was a matter for the FTT’s evaluative assessment. They reached the conclusions in this regard expressed at [169] and [177] of their decision and these have not been the subject of a perversity challenge. Accordingly, unless the Information Commissioner can establish one of the other alleged errors of law that bear on this conclusion, their finding is unassailable. It was noteworthy that Mr Pitt-Payne’s submissions on this area of the case really amounted to no more than an expression of disagreement with the FTT’s conclusions.