Simon Brown v The Information Commissioner & Anor

(i) The Information Commissioner maintains his view that, notwithstanding the recent release of withheld information the Decision Notice (ref: IC-162312-L7G3) dated 5 December 2022 was correct to conclude s14 applied to the request due to the evidence before the Commissioner at the time of issuing his Decision Notice (ii) The Ministry of Defence no longer rely upon s14, and the Appellant does not accept the Commissioner’s maintenance of the position in the Decision Notice. (iii) The Appellant nevertheless withdraws this appeal on the basis that he has now been provided with the information he was seeking. The appeal is withdrawn in order to avoid further expenditure of public funds and judicial resource. Pursuant to rule 37(1) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Change) Rules 2009, IT IS ORDERED BY CONSENT THAT: 1) The Appellant’s appeal is withdrawn. 2) The hearing dated Friday 28 February 2025 is vacated. Dated this 26 day of February 2025 Signed…………………….. Simon Brown Appellant Signed S. Arora Signed Sapna Arora Serkan Bastug for the Treasury Solicitor Solicitor for the First Respondent Lawyer for the Second Respondent Signed Consent Order Approved: Judge Brian Kennedy KC 27 February 2025.