The First-tier Tribunal (General Regulatory Chamber) (Information Rights) has allowed the appeal and made a substitute decision notice in the case of British Business Bank plc v Information Commissioner and Helen Cross [2024] UKFTT 00632 (GRC). The Tribunal has ruled in favour of the British Business Bank, finding that the Bank was entitled to maintain the redactions that it was seeking to uphold before the Tribunal to requested minutes of meetings held by various Bank committees and its Board.
This was an appeal by the Bank against the Information Commissioner’s decision which refused much of the Bank’s reliance on section 42 (legal professional privilege) and section 43(2) (commercial interests) of the Freedom of Information Act 2000. The Tribunal’s reasons provide useful insight on section 43(2) and the evidence required in cases where the prejudice relied upon is prejudice to a third party’s commercial interests.
The Tribunal’s substitute decision and reasons can be found here.
James Cornwell and Lucy Jones acted for the British Business Bank.
