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As the decision of the First-tier Tribunal (made on 11 May 2010 under reference EA/2009/0106) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.
A. The tribunal must undertake a fresh consideration of the issues raised by the appeal against the Information Commissioner�s decision notice.
B. DEFRA is entitled as of right to rely on exceptions in addition to or substitution for those identified in its regulation 14 notice. This is subject to any case management direction or decision under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI No 1976).
This decision is given under section 11 of the Tribunals, Courts and Enforcement Act 2007:
The decision of the First-tier Tribunal under reference EA/2010/0011, made on 24 May 2010, did not involve the making of an error on a point of law.
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