Source: All England Reporter
Publisher Citation: [2008] All ER (D) 185 (Jan)
Court: Court of Appeal, Civil Division

Buxton, Lloyd LJJ and Sir Paul Kennedy

Representation Tim Eicke and Daniel Lightman (instructed by Forsters LLP) for the appellant, S.
  Monica Carss-Frisk QC and Kate Gallafent (instructed by the BBC Litigation & Intellectual Property Department) for the British Broadcasting Corporation.
  Ben Hooper (instructed by the Information Commissioner's Office) for the commissioner.
Judgment Dates: 25 January 2008


Freedom of Information - Information - Request for information - Public authority listed only in relation to information of specified description - Appellant requesting sight of report on BBC's news coverage of Middle Eastern affairs - Information commissioner deciding report not disclosable - Appeal to Information Tribunal without decision notice - Tribunal indicating that it had jurisdiction to entertain appeal - Tribunal deciding substantive matter in favour of appellant - BBC appealing - High Court judge allowing appeal - Whether tribunal having erred in respect of jurisdictional issue - Whether basis for judge overturning tribunal's decision - ss 50, 57, Sch 1, Pt VI.

The Case

By reference to ss 50 and57 of the the serving of a decision notice was to be regarded as a condition precedent to the Information Tribunal deciding any point of law. In the instant case, the Information Tribunal had erred in deciding that it had jurisdiction to hear an appeal against the Information Commissioner's decision in favour of the BBC not to disclose a report concerning news coverage of Middle Eastern affairs; and so accordingly, the judge's decision on an appeal in respect of that point was upheld (see Davis J in ).

Practice Areas

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