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

Read the full decision in .

Judicial Summary

Whether European Court of Human Rights鈥� 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鈥檚 decision in Kennedy as to Article 10(1)鈥檚 scope 鈥� if Magyar does apply, whether criteria laid down in that decision for engaging a right under Article 10(1) met 鈥� if Article 10 applied, whether Freedom of Information Act (section 12) cause of any potential breach of Article 10 鈥� whether Upper Tribunal can provide any remedy available for such a breach.

Decision selected for reporting as [2021] AACR 1

Updates to this page

Published 24 August 2020