Information Commissioner v Driver and Thanet District Council
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | [2020] UKUT 333 (AAC) |
| Subject Matter | Information rights - Freedom of information - absolute exemptions,Information rights - Information rights: practice,procedure,Wikeley,N |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 29 December 2020 |
Information Commissioner v Driver and Thanet District Council
[2020] UKUT 333 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. GIA/850/2019 (V)
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (General Regulatory Chamber) (Information
Rights)
Between: The Information Commissioner Appellant
- v –
Mr Ian Driver First Respondent
and
Thanet District Council Second Respondent
Before: Upper Tribunal Judge Wikeley
Hearing date: 23 November 2020
Representation:
Appellant: Ms Alexandra Littlewood of Counsel
1st Respondent: In person
2nd Respondent: Mr Tim Howes, Solicitor
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 21 December 2018 under number EA/2017/0218 was
made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007, I set that decision aside and remit the case to be
reconsidered by a fresh tribunal in accordance with the following directions.
Directions
1. This case is remitted to a differently constituted First-tier Tribunal for
reconsideration at an oral hearing (this may be a ‘virtual’ hearing e.g. by
video platform).
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