‘In a recent decision, the Upper Tribunal (‘the UT’) has found that the operation of section 44 of the Freedom of Information Act 2000 (‘FOIA’) breaches the right to access information under Article 10 of the European Convention on Human Rights (‘ECHR’). The decision will obviously be of interest to lawyers working in the field of information rights. In this post, we also argue that the decision will be of interest to public lawyers more generally. This post first explains the factual and legal background to the case, Cruelty Free International v Information Commissioner and Home Office. Second, the post traces the reasoning and findings of the UT’s decision. In doing so, the post identifies five points of significance beyond the instant case. These five points of general interest, we argue, were also legal hurdles that Cruelty Free International needed to overcome, and largely did overcome, to succeed in its challenge.’
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UK Constitutional Law Association, 7th September 2026
Source: ukconstitutionallaw.org