[2024] UKUT 134 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 134 (AAC)

Fecha: 03-May-2024

Summary of relevant law

Summary of relevant law

Section 14

9.

I gratefully rely on the summary of the proper legal test in s14 as set out in Cabinet Office v CIC andAshton [2018] UKUT 208 (AAC) at paragraphs 24-27. Subject to that, I accept the following points of emphasis helpfully made in IC’s response to this appeal:

a.

the success – or otherwise – of an appeal involving s14 derives from a holistic assessment of all the circumstances of the case;

b.

whether a request is vexatious will typically depend on a balancing exercise between competing themes (such as balancing the burden that answering the request would impose on the public authority against any serious value and purpose lying behind it);

c.

as was said in Dransfield in the Court of Appeal ([2015] EWCA Civ 454) at paragraph 85 - “[T]here is no warrant for reading section 14 FOIA as subject to some express or implied qualification that a request cannot be vexatious in part because of, or solely because of, the costs of complying with the current request”.