Visit JCPCUKSC/2023/0178
•
PUBLIC LAW AND HUMAN RIGHTS
Department for Business and Trade and another (Respondents) v The Information Commissioner (Appellant)
Case summary
Case ID
UKSC/2023/0178
Parties
Appellant(s)
The Information Commissioner
Respondent(s)
Department for Business and Trade
Intervener(s)
Brendan Montague
Issue
Whether section 2(2)(b) of the Freedom of Information Act permits aggregation.
Facts
Mr Montague, a journalist, made a request to the DBT on 15 November 2017, seeking information about the Trade Working Groups set up to conduct preliminary work on post-Brexit trade deals. DBT disclosed some information on 8 February 2018, and further information on 25 March 2019 (during the course of the Commissioner’s investigation), but withheld the remainder relying on varying exemptions contained in section 27 Freedom of Information Act (“FOIA”), which related to interactional relationships, and on section 35(1)(a) FOIA (formulation of government policy). Mr Montague complained to the ICO under s.50(1) FOIA on 19 March. The ICO upheld the DBT’s position in a Decision Notice dated 29 March 2019. Mr Montague appealed to the FTT. On 26 August 2020, the FTT partially upheld Mr Montague’s appeal and ordered limited further information to be disclosed. The FTT also decided to aggregate the public interest points in the exemptions under sections 27 and 35 FOIA. On appeal the Upper Tribunal (“the UT”) allowed Mr Montague’s appeal in part and dismissed DBT’s appeal. On the question of aggregation, the UT concluded that the FTT had erred in law in concluding that aggregation of different public interests against disclosure is permitted. The DBT appealed to the Court of Appeal (“the CoA”) on the aggregation issue. On 22 November 2023, the CoA held that aggregation was permitted. The ICO seeks permission to appeal this judgement.
Date of issue
20 December 2023
Judgment appealed
Appeal
Justices
Hearing dates
Start date
28 January 2025
End date
28 January 2025
Watch hearings
28 January 2025 - Morning session
28 January 2025 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 20 December 2024