Webber v Information Commissioner and Cabinet Office
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | [2017] UKUT 312 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Date | 27 July 2017 |
| Published date | 07 August 2017 |
GW v (1) The Information Commissioner, (2) The Cabinet Office
[2017] UKUT 312 (AAC)
GIA/279/2017 1
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
The DECISION of the Upper Tribunal is to allow the appeal by the Appellant.
The decision of the First-tier Tribunal (General Regulatory Chamber) (Information
Rights) dated November 23, 2016 under file reference EA/2015/0194 involves an
error on a point of law. The First-tier Tribunal’s decision is set aside.
The Upper Tribunal is not in a position to re-make the decision under appeal. It
therefore follows that the Appellant’s appeal against the Information Commissioner’s
Decision Notice FS50560132, dated August 17, 2015, is remitted to be re-heard by a
different First-tier Tribunal, subject to the Directions below.
This decision is given under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007.
DIRECTIONS
The following directions apply to the re-hearing:
(1) The new First-tier Tribunal should not involve either the tribunal judge
or either of the two members who were previously involved in
considering this appeal on November 23, 2016.
(2) These Directions may be supplemented by later directions issued by
the Registrar or a Tribunal Judge in the General Regulatory Chamber
of the First-tier Tribunal.
This decision is given under section 12(2)(a), 12(2)(b)(i) and 13(2)(a) of the
Tribunals, Courts and Enforcement Act 2007.
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1 cases
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Montague v Information Commissioner and another
...Halifax Estate Agencies Ltd (trading as Colleys Professional Services) [2000] 1 WLR 377; [2000] 1 All ER 373, CAGW v Information Comr [2017] UKUT 312 (AAC), UTHelstrip v Information Comr (EA/2012/0201) (unreported) 29 January 2013, FTTNotting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337; ......