Someone asked for some records, the government said they didn't have them, and a judge agreed. A similar request was rejected before, so the judge threw out the new case.
Key Facts
- •Applicant (Chris Spirooulos) requested GoldFax logs from the Ministry of Justice (MOJ) relating to a specific claim and date range.
- •The Information Commissioner (IC) investigated and concluded the MOJ did not hold the requested information.
- •The Tribunal Registrar initially struck out the proceedings.
- •The Applicant appealed the Registrar's decision.
- •A similar previous appeal (EA/2020/0347) by the same Applicant requesting similar information was dismissed, and permission to appeal was refused.
- •The MOJ confirmed they searched their case files and did not find the requested information.
Legal Principles
The Tribunal may strike out proceedings if there is no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 8(3)(c)
Outcomes
Proceedings struck out.
No reasonable prospect of the Applicant's case succeeding; the IC's decision was not in error of law; the MOJ confirmed they did not hold the information; a similar previous appeal was dismissed.