Mr Taimur Khan v (1) The Information Commissioner (2) Leeds City Council: [2026] UKUT 240 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 24 June 2026.
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Judicial Summary
With the agreement of all parties, the Upper Tribunal allowed the appeal and set aside the decision of the First-tier Tribunal on the basis that it had erred in law in its application of the exemption in section 43(2) of FOIA (prejudice to commercial interests) and the assessment of the balance of public interests under section 2(2)(b) of FOIA. The First-tier Tribunal misdirected itself in the public interest balancing exercise by relying on factors unrelated to the commercial interests said to be prejudiced, failed to give adequate reasons by not engaging with the appellant’s principal submissions and evidence, and erred in excluding material relevant to the assessment of public interest at the time of the public authority’s decision on the basis that it was created after that date. The case is remitted to the First-tier Tribunal for re-hearing before a differently constituted panel.