The purpose of this paper is to report and comment on the High Court ruling on whether Financial Services Authority (FSA) disclosures are exempt from freedom of information requests.
The paper outlines the facts surrounding the case and comments on the decision.
The High Court allowed the FSA's appeal in respect of the Owen appeal and the second part of the Lewis appeal (that the names of the seven firms investigated by the FSA as a result of the mystery shopping should not be disclosed) but agreed with the Tribunal on the first part of the Lewis appeal, that the names of the firms subject to the mystery shopping exercise could be disclosed.
This appeal shows how two very differently motivated, yet equally well‐intentioned, regulatory regimes can come into conflict.
