Robert Moss v The Information Commissioner
[2023] UKFTT 609 (GRC)
Mark Bill v The Information Commissioner
10 August 2023
[2023] UKFTT 669 (GRC)
First-tier Tribunal
Someone appealed a decision about their request for information. The judge threw the appeal out because the person didn't give good reasons why the original decision was wrong.
Key Facts
- •Appeal under s. 57 of the Freedom of Information Act 2000 (FOIA) against the Information Commissioner's decision notice (DN) dated 10 February 2023 (IC-207629-X4N3).
- •Appellant's grounds of appeal failed to explain why the DN was not in accordance with the law.
- •Appellant's sole ground of appeal was 'public interest,' without arguments on why the Respondent's findings were wrong.
- •Appellant's submissions in response to the proposed strike-out did not address the legal flaws in the DN.
- •The appeal concerned numerous information requests to a large Trust (possibly NHS related).
Legal Principles
Right to information under FOIA
Freedom of Information Act 2000
Tribunal's role in FOIA appeals is to determine errors of law or inappropriate exercise of discretion in the DN.
Freedom of Information Act 2000
Strike-out standard under Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009, rule 8(3)(c), similar to CPR 3.4.
Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009
Striking out is appropriate when an appeal has no reasonable prospect of success and continuing proceedings is a waste of resources.
HMRC v Fairford Group [2014] UKUT 0329 (TCC)
Outcomes
Appeal struck out.
The appeal had no reasonable prospect of success because it did not engage with the Tribunal's jurisdiction to review errors of law or inappropriate exercise of discretion in the DN. The grounds of appeal failed to challenge the DN's legal conclusions.