Key Facts
- •Appeal against Information Commissioner's Decision Notice dated 11 September 2023.
- •Decision Notice found public authority entitled to rely on s.14 FOIA to refuse information disclosure.
- •Respondent applied to strike out the Notice of Appeal under rule 8(3)(c) for lack of reasonable prospects of success.
- •Appellant challenged key conclusions of the Decision Notice and the Information Commissioner's procedure.
- •Appellant's case spanned 22 pages, disputing s.14 FOIA applicability and the Decision Notice's assessment of burden and value.
Legal Principles
An application to strike out in the FTT under rule 8(3)(c) should be considered similarly to an application under CPR 3.4 in civil proceedings.
HMRC v Fairford Group (in liquidation) and Fairford Partnership Limited (in liquidation) [2014] UKUT 0329 (TCC)
The Tribunal must consider whether there is a realistic, as opposed to a fanciful prospect of succeeding at a full hearing. Avoid conducting a ‘mini-trial’. Strike out is for cases unfit for a full hearing.
HMRC v Fairford Group (in liquidation) and Fairford Partnership Limited (in liquidation) [2014] UKUT 0329 (TCC)
The Tribunal must consider whether the application is fair and just in light of rule 2.
Tribunal Rules General Regulatory Chamber
Outcomes
Respondent's application to strike out the Notice of Appeal was refused.
The Appellant's case, while not necessarily likely to succeed, presented a triable issue. The Appellant challenged the application of s.14 FOIA, the assessment of burden on the public authority, and the value of the requested information. These are matters for the Tribunal to determine. It would not be fair and just to strike out the appeal.