Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 251 (AAC)

Fecha: 22-May-2025

The Grounds of Appeal

The Grounds of Appeal

29.

The Appellant had two grounds of appeal:

(1)

the Tribunal was wrong in law in its interpretation of s.51(1) and in particular its conclusion at [60-61] that a notice issued under s.51(1)(a) (as this notice was in terms) is not required to satisfy a “reasonably requires” test

(2)

the Tribunal was wrong in law to find that, even if s.51(1)(a) did not expressly cover the IC’s power to seek disclosure to him of LPP material which was the subject of a s.50 application, the power extended to LPP material as a matter of necessary implication.

Heading
Section 1
The Background
The Information Notice
The Statutory Framework
The Decision of the Tribunal
The Application and Appeal to the Upper Tribunal
The Grounds of Appeal
The Appellant’s Submissions
if, however, he is undertaking a Part I Enquiry commenced by Trigger A, then he has “…an overall entitlement to require the production of LPP Material” (see [59])
the public interest test which PSNI comes under a duty to apply under s.42 when considering a request for disclosure of LPP, is more accurately characterised as a weighting exercise, rather than a bal
suppose further that, as in the judgment at [72], the IC, in the course of his Trigger B Part I Enquiry, was not satisfied that s.42 was actually engaged. In such circumstances, it would be for the IC
it was never argued on behalf of the PSNI that the Tribunal could not (if so required in a particular case) see LPP Material: the PSNI’s case was and is that the IC is not empowered under the Act to s
in Wiseman v HMRC [2022] UKFTT 00075 (TC) the First-tier Tribunal (Tax Chamber) was considering a notice which HMRC had issued to Mr Wiseman under paragraph 1 of Schedule 36 to the Finance Act 2008
LPP is a fundamental right ( R v Derby Magistrates Court, B v Auckland ) any question of LPP being overridden by implication is to be tested by absolute necessity ( R (Morgan Grenfell & Co Ltd) v Special Commissioner of Income Tax & anr [2002] UKHL 2
it must be demonstrably necessary for at least an important aspect of the legislation ( R (Morgan Grenfell & Co Ltd ) ) the principle of legality is important in this connection ( R v Secretary of State for the Home Department, ex p Simms [2001] 2 AC
the more fundamental the right, the less likely it will be left to implication ( SLCC v Murray at [33])
The IC’s Submissions
The Application of the FOIA Regime
where the public authority had, on the facts, waived LPP by analysing public statements against the content of the legal advice: Kirkaldie v Information Commissioner & Thanet District Council (EA/2006
where legal advice from some 14 years earlier was still being used as the basis for a highly contested and doubtful use of public money, the public interest favoured disclosure: Mersey Tunnel Users As
where legal advice has been used to formulate a policy of general application affecting a category of persons’ access to legal redress, such that transparency justified disclosure of the underlying ad
where further the detailed exercise of review of information said to engage s.42 was carried out in All Party Parliamentary Group on Extraordinary Rendition v Information Commissioner & Foreign and Co
The Factual Context to the Notice
The Appeal
in fact, the particular terms of s.51(5) serve a readily understandable legislative purpose: they provide an exception from the general power in s.51 to require the provision of LPP material where tha
Discussion
That situation stands in contrast to that set out in s.51(1) (b). In contrast, the IC is there exercising regulatory functions outside of the scope of an individual case, in a more thematic or systemi
Conclusions