Robert Moss v The Information Commissioner
[2023] UKFTT 609 (GRC)
Brendan McFerran v The Information Commissioner & Anor.
19 April 2023
[2023] UKFTT 380 (GRC)
First-tier Tribunal
Someone appealed a decision saying their request for information was annoying. The judge decided the appeal wasn't pointless and should go to a full hearing to decide if the request was truly annoying or not.
Key Facts
- •Appeal against Information Commissioner's Decision Notice upholding a public authority's reliance on s. 14(1) FOIA 2000.
- •Appellant argues the Decision Notice erroneously concluded his request was vexatious.
- •Request was for an internal document assessing a complaint, potentially covered by legal professional privilege.
- •Long-running dispute (nearly 17 years) between Appellant and public authority.
- •Information Commissioner applied to strike out the appeal for lacking reasonable prospects of success.
- •Public authority supports the strike-out application.
Legal Principles
Strike-out application under Tribunal rule 8(3)(c) should be considered similarly to CPR 3.4 in civil proceedings.
HMRC v Fairford Group [2014] UKUT 0329 (TCC)
A strike-out is appropriate for cases unfit for a full hearing.
Three Rivers (mentioned in HMRC v Fairford Group judgment)
Vexatiousness under s. 14(1) FOIA 2000 is fact-specific.
FOIA 2000, s.14(1)
Outcomes
Strike-out application refused.
Appellant's grounds of appeal establish a triable issue challenging the Decision Notice's conclusions on s. 14(1) FOIA. The case is deemed fit for a full hearing.