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The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 8 January 2024 under number EA/2022/0455 was not made in error of law (section 11 of the Tr
The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 8 January 2024 under number EA/2022/0455 was not made in error of law (section 11 of the Tribunals, Courts and Enforcement Act 2007).
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 8 January 2024 under number EA/2022/0455 was not made in error of law (section 11 of the Tr
- Introduction
- Abbreviations
- The parties to this appeal
- The factual context of this appeal
- The Appellant’s request for environmental information
- The Information Commissioner’s Decision Notice
- The First-tier Tribunal’s decision and the further grounds of appeal
- Ground 1: Was the information ‘publicly available’ within regulation 6(1)(b)?
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 1
- Discussion
- Ground 2: Was the information ‘easily accessible’ within regulation 6(1)(b)?
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 2
- Discussion
- Ground 3: The application of the FOIA regime
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 3
- Discussion
- Conclusions