Once upon a time, this case was about a journalist seeking access to information about post-Brexit trade talks, including with the US under Donald Trump (as 45th President….). Now it is going to the Supreme Court, to decide whether public authorities such as the Department for Business and Trade can ‘aggregate’ the public interests in multiple exemptions under the Freedom of Information Act – that is, consider all the reasons in favour of applying different exemptions, when weighing them against the reasons for disclosure – or whether that exercise must be carried out one exemption at a time. It’s an issue that could have a bearing on many of the tens of thousands of FOIA requests made every year.
Timothy Pitt-Payne KC and Peter Lockley act for the Information Commissioner. Chris Knight acts (pro bono) for Mr Montague. Robin Hopkins acts for the Department for Business and Trade, led by Sir James Eadie KC.
The Supreme Court case can be followed here.
