Peter Tilson v Information Commissioner
[2024] UKUT 83 (AAC)
Paul John Calvert v Information Commissioner & Anor
18 April 2024
[2024] UKUT 125 (AAC)
Upper Tribunal
A man asked for information, the police refused, and a court said the first court didn't give him a fair chance to argue. So, the case is going back to court for a new, fair hearing.
Key Facts
- •Paul Calvert requested information from Northumbria Police.
- •Northumbria Police refused disclosure citing excessive costs under s12(1) of the Freedom of Information Act 2000.
- •The Information Commissioner (IC) upheld Northumbria Police's decision.
- •Calvert appealed to the First-tier Tribunal (FTT), which dismissed his appeal.
- •Calvert appealed to the Upper Tribunal (UT), arguing procedural unfairness.
- •The UT found the FTT erred in law by treating evidence as 'unchallenged' and failing to adequately explain its decision to proceed without a hearing.
- •The UT allowed the appeal, setting aside the FTT decision and remitting the case for reconsideration.
Legal Principles
Procedural fairness requires a fair opportunity to challenge evidence, particularly for litigants in person with health difficulties.
UKUT case law and implied in the overriding objective of dealing with cases fairly and justly.
Tribunals must explicitly consider whether an oral hearing is necessary, especially when dealing with unrepresented parties and potentially conflicting evidence.
MM v Secretary of State for Work and Pensions (ESA) [2011] UKUT 334 (AAC)
A judgment resulting from an unfair trial is void and requires a retrial.
Serafin v Malkiewicz [2020] UKSC 23
Section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 allows the Upper Tribunal to set aside a decision of the First-tier Tribunal and remit the case for reconsideration.
Tribunals, Courts and Enforcement Act 2007
Outcomes
Appeal allowed.
The FTT erred in law by treating evidence as unchallenged and failing to adequately justify its decision to proceed without a hearing.
FTT decision set aside.
Procedural unfairness denied Calvert a fair opportunity to challenge evidence.
Case remitted to the FTT for reconsideration.
Factual issues require weighing of conflicting evidence, best addressed by an FTT panel.