Moss v Royal Borough of Kingston-upon-Thames & Anor [2023] EWHC 27 (KB) (11 January 2023)

Moss v Royal Borough of Kingston-upon-Thames & Anor [2023] EWHC 27 (KB) (11 January 2023)

The Royal Borough of Kingston-upon-Thames committed contempt of court by failing to comply with the FTT's substituted decision notice under FOIA, specifically by not providing advice and assistance to enable reformulation of Mr Moss's request and by not addressing Part 4 of the request. The breach was deliberate in the sense required by law, as Kingston intended the acts and omissions in question. The FTT is not the applicant in these proceedings; Mr Moss is the applicant. There is no incompatibility with Article 6 ECHR in the FTT's contempt procedures. The High Court cannot revisit the FTT's findings of fact or law in these contempt proceedings. No damages are payable for alleged...

Citation
[2023] EWHC 27 (KB)
Parties
Claimant: Derek Moss; First Defendant: Royal Borough of Kingston-upon-Thames; Second Defendant: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 January 2023
Procedural Posture
Contempt Proceedings Following FTT Certification Under Data Protection Act 1998 Schedule 6 Para 8 / High Court Judgment on Certified Contempt
Outcome
Contempt established against Royal Borough of Kingston-upon-Thames; no damages awarded; penalty to be considered separately.
Legal Topics
Freedom of Information Act 2000, Contempt of Court, Tribunal Procedure, Article 6 ECHR, Article 10 ECHR
Administrative Law Information Law Civil Procedure Freedom of Information Act 2000 Contempt of Court Tribunal Procedure Article 6 ECHR Article 10 ECHR

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Parties

Derek Moss

Claimant

Royal Borough of Kingston-upon-Thames

First Defendant

Information Commissioner

Second Defendant

Procedural Posture

Contempt Proceedings Following FTT Certification Under Data Protection Act 1998 Schedule 6 Para 8 / High Court Judgment on Certified Contempt

Legal Issues

  1. 1 Whether Royal Borough of Kingston-upon-Thames committed contempt by failing to comply with FTT's substituted decision notice under FOIA
  2. 2 Whether the FTT or Mr Moss is the applicant in the contempt proceedings
  3. 3 Compatibility of FTT contempt procedures with Article 6 ECHR

Ratio Decidendi

The Royal Borough of Kingston-upon-Thames committed contempt of court by failing to comply with the FTT's substituted decision notice under FOIA, specifically by not providing advice and assistance to enable reformulation of Mr Moss's request and by not addressing Part 4 of the request. The breach was deliberate in the sense required by law, as Kingston intended the acts and omissions in question. The FTT is not the applicant in these proceedings; Mr Moss is the applicant. There is no incompatibility with Article 6 ECHR in the FTT's contempt procedures. The High Court cannot revisit the FTT's findings of fact or law in these contempt proceedings. No damages are payable for alleged...

Court Disposition

Contempt established against Royal Borough of Kingston-upon-Thames; no damages awarded; penalty to be considered separately.

Orders

  • Declaration that Royal Borough of Kingston-upon-Thames is in contempt of court for failure to comply with FTT's substituted decision notice under FOIA.
  • No order for damages under Article 6 or Article 10 ECHR.