DATE: 27 Sep 2011
In this case, the Appellant sought disclosure of material that a sports body had supplied in confidence to Companies House justifying its use of the designation 'Institute'. He was of the view that this material would demonstrate that the sports body had misled Companies House and/or that Companies House had not correct applied its own policy relating to the registration of a company as an 'Institute'.
The First-tier Tribunal General Regulatory Chamber (Information Rights) had previously allowed the appeal on the papers, only for its decision to be reversed by the Upper Tribunal on the basis of a procedural irregularity. The case was remitted back to the First-tier Tribunal who, following an oral hearing, dismissed the appeal, accepting the submissions on behalf of the Information Commissioner and the Department for Business, Innovation and Skills (of which Companies House is an executive agency) that the disclosure of this material would be an actionable breach of confidence and thus exempt under s.41 of the Freedom of information Act 2000.
Charles Banner appeared for the successful respondent, the Department for Business, Innovation and Skills (instructed by the Treasury Solicitor).
