Montague v The Information Commissioner and Department for International Trade: [2022] UKUT 104 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley, Judge Wright and Judge Church on 13 April 2022
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Judicial Summary
Whether, when multiple FOIA exemptions are engaged by a single piece of information, the separate public interests in maintaining those different exemptions may be aggregated when weighing them against the public interest in disclosure; whether information that is disclosed after a public authority’s decision on a request (for example, during the Commissioner’s investigation, in the course of First-tier Tribunal proceedings or as a result of a Tribunal’s decision) should be treated as in the public domain for the purpose of weighing the public interest in disclosure of any remaining requested information; whether a public authority’s decision on a request includes any later decision by it on review of its initial decision refusing the request.