provided with correspondence and documents setting out the parties’
positions. We also had a number of submissions from the parties on law and
evidence including:
a partially redacted witness statement of Mr Morris itself with a bundle of
exhibits (H978- H1669) which we found to contain a useful insight into the way
in which UoE had dealt with these issues and the reaction amongst staff,
students and others to the issues and the Report.
the Appellant's comments on the statement.
the redacted form of the Report(487-594) and the Table (H1022-H1150).
submissions by the parties on sections 41 and 36 in particular.
the Appellant's skeleton argument.
paperwork provided by UoE including concerning the QPO (G919-G934) and on
the PIBT (G935-G941).
Closed material
13. Closed documents were provided pursuant to rule 14(1) 2009 Rules and
reviewed by us. In considering them we remained alert to our obligations set
out in the decision of the Court of Appeal in Browning -v- Information
Commissioner [2014] EWCA civ 1050.
Having reviewed the material we were
satisfied that the rule 14 Direction had been appropriate.
Gist of the closed material
14. Most of the material in the closed folder is a redacted version of material in the
Bundle seen by the Appellant. The form of redaction allows the reader to see
the full extent of the non disclosed elements. Therefore the provision of a gist
of the closed material to the Appellant might have been unnecessary.
However (at page A151) the Appellant asked for a gist and not every item in
the closed material is simply a redacted version of that provided in the Bundle.
Additionally we had regard to the decision of the UT in Barrett v The
Information Commissioner & Financial Ombudsman Service [2024] UKUT 107 (AAC)
(20 April 2024) (see para 104 for example).
15. As a result of the combination of these factors Directions were given dated 30
May 2024, after our further deliberations, requiring UoE to prepare a gist of
the closed material to the Tribunal and parties. Further time to prepare the
Gist was given to UoE by Directions dated 19 June 2024. On 9 July 2024 the
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