Ecotricity Group Limited v (1) The Information Commissioner (2) The Animal and Plant Health Agency: [2026] UKUT 24 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge West on 19 January 2026.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 16 March 2026

• Categories: Information rights
• Sub-categories: Information rights - Freedom of Information - exceptions, Information rights - Freedom of information - public authority response, Information rights - Freedom of information - qualified exemptions and Information rights - Freedom of information - right of access
• Judges: West, M
• Decision date: 19 January 2026

Read the full decision in UA-2024-001615-GIA.

Judicial Summary

Freedom of Information Act 2000 – information requests concerning pig culling - s.43(3) – whether Tribunal’s assessment of existence of risk of prejudice flawed because requested information already in public domain – whether applicable test is whether requested information already in public domain - applicable interests – nature of prejudice and causal link – likelihood of prejudice – balance of public interest – whether conclusion that prejudice  was “real, actual or of substance” at odds with evidence - whether identity and ownership of farm should be disclosed.

Published 16 March 2026