Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 171 (AAC)

Fecha: 13-Feb-2025

Legal framework

Legal framework

11.

Section 32 of FOIA provides the following:

32 Court records, etc.

(1)

Information held by a public authority is exempt information if it is held only by virtue of being contained in—

(a)

any document filed with, or otherwise placed in the custody of, a court for the purposes of proceedings in a particular cause or matter,

(b)

any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter, or

(c)

any document created by—

(i)

a court, or

(ii)

a member of the administrative staff of a court,

for the purposes of proceedings in a particular cause or matter.

(2)

Information held by a public authority is exempt information if it is held only by virtue of being contained in—

(a)

any document placed in the custody of a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration, or

(b)

any document created by a person conducting an inquiry or arbitration, for the purposes of the inquiry or arbitration.

(3)

The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of this section.