Moss v Information Commissioner and the Cabinet Office: [2020] UKUT 242 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wright on 30 July 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 24 August 2020

• Categories: Human rights law, Information rights, Tribunal procedure and practice
• Sub-categories: Human rights law - article 10 (freedom of expression), Information rights - Freedom of information - right of access, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wright, S
• Decision date: 30 July 2020

Read the full decision in GIA/1531/2017.

Judicial Summary

Whether European Court of Human Rights’ decision in Magyar applies in domestic law in terms of Article 10(1) of European Court of Human Rights covering a right of access to information or whether Upper Tribunal should follow the Supreme Court’s decision in Kennedy as to Article 10(1)’s scope – if Magyar does apply, whether criteria laid down in that decision for engaging a right under Article 10(1) met – if Article 10 applied, whether Freedom of Information Act (section 12) cause of any potential breach of Article 10 – whether Upper Tribunal can provide any remedy available for such a breach.

Decision selected for reporting as [2021] AACR 1

Published 24 August 2020