Info Gov

The First-tier Tribunal has allowed an appeal against a fees notice issued by the House of Lords for electronic copies of archival legal submissions, finding that the charge of £0.85 per image had no lawful evidential basis.

The appellant, Gabriel Kanter-Webber, had requested electronic copies of the parties' written submissions to the Judicial Committee of the House of Lords in Hallam v Cheltenham Borough Council [2001] UKHL 15. The House of Lords issued a fees notice under section 9 FOIA citing the need for specialist imaging equipment, as the material was held in a bound archival volume that could not safely be reproduced using standard copying equipment. The Information Commissioner upheld the notice on complaint.

On appeal (Kanter-Webber v Information Commissioner & House of Lords [2026] UKFTT 00792 (GRC)), the Tribunal adjourned the matter in February 2026 and issued case management directions requiring the House of Lords to produce a Regulation 6-compliant, request-specific cost breakdown with supporting evidence. The Tribunal also made clear that only non-staff, non-capital costs could be included, and warned that failure to comply might result in adverse inferences being drawn.

The House of Lords did not provide a compliant calculation in response to those directions. The Tribunal found that the material filed did not identify, quantify, or evidence recoverable per-image costs, and appeared to include, or historically to have included, impermissible capital or depreciation costs.

Judge Brian Kennedy KC, sitting with specialist members Professor Dr Phebe Mann and Emma Yates, held that the fee was unlawful. The Tribunal said it was not entitled to speculate or reconstruct what a compliant calculation might have shown, and that Regulation 6 required demonstrable, request-specific costs that had simply not been established.

The Information Commissioner's Decision Notice was set aside and the Tribunal substituted its own decision, ordering the House of Lords to issue a fresh response to the request without reliance on the impugned fees notice. The Tribunal declined to remit the matter, finding that further material could not realistically cure the deficiency.

Also in this section

Jun 02, 2026

Tribunal upholds NCND response over planning enforcement correspondence despite arson attack backdrop

The First-tier Tribunal (General Regulatory Chamber) has dismissed an Environmental Information Regulations appeal brought by a resident seeking to establish whether Lambeth Council had written to the owner of a neighbouring property in the weeks before an arson attack on his home, finding that the privacy rights of the property owner outweighed the appellant's legitimate interests in disclosure.
Jun 02, 2026

University first to be fined for contempt of court in FOI request dispute

The University of Exeter has been fined £15,000 after the Upper Tribunal concluded that a 14-month failure to comply with a disclosure order in a freedom of information case amounted to contempt of court, believed to be the first time a public authority has been fined for contempt of court in a Freedom of Information (FOI) case.
May 15, 2026

Getting the timing right

The date for assessing whether a request is vexatious or manifestly unreasonable, in the context of freedom of information and environmental information refusal decisions, is an issue with a surprisingly long tail - particularly given its practical importance to public bodies when faced with information rights requests.
May 12, 2026

Tribunal dismisses appeal for audio recording of police misconduct hearing

The First-tier Tribunal (General Regulatory Chamber) has dismissed a Freedom of Information appeal seeking disclosure of an audio recording of a Metropolitan Police misconduct hearing, finding that the detailed outcome report already published was sufficient to meet the legitimate interest in transparency.
May 12, 2026

Councils not required to publish full planning application forms on statutory register

The First-tier Tribunal (General Regulatory Chamber) has dismissed an appeal seeking unredacted disclosure of a planning application form, finding that local planning authorities are not legally obliged to place the entirety of such forms - including personal contact details and owner names - on the statutory planning register.

InfoGov Masthead Newsletter 800