Information Commissioner v Driver and Thanet District Council: [2020] UKUT 333 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 26 November 2020.

Read the full decision in GIA/850/2019.

Judicial Summary

Information rights - Freedom of Information Act request for names of 5 exporters of live animals from Ramsgate which reached out of court settlements with Thanet District Council on their compensation claims following High Court decision in Barco de Vapor v Thanet District Council [2014] EWHC 490 - Information Commissioner’s appeal to Upper Tribunal on 3 grounds - (1) whether exporters’ names were information “obtained by” public authority within section 41(1)(a) FOIA (confidential information) - Browning v IC and DBIS [2014] EWCA 1050 applied - (2) whether parties’ names a mutually agreed term of settlement agreements - (3) whether First-Tier Tribunal erred in refusing late application by public authority to rely on additional exemptions.

Published 29 December 2020