Anthony Mott v The Cabinet Office

Anthony Mott v The Cabinet Office

The First-tier Tribunal has no statutory jurisdiction to determine allegations of criminal offences under section 77 FOIA, and there is no realistic prospect of the contempt application succeeding; therefore, the application must be struck out.

Parties
Applicant: Anthony Mott; Respondent: The Cabinet Office
Jurisdiction
England and Wales
Judgment Date
08 June 2024
Procedural Posture
Information Rights / Contempt Application / Application to Certify Contempt—striking Out Decision
Outcome
Application struck out
Legal Topics
Freedom of Information, Contempt of Court, Jurisdiction of Tribunal
Administrative Law Information Law Freedom of Information Contempt of Court Jurisdiction of Tribunal

Case Brief

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Parties

Anthony Mott

Applicant

The Cabinet Office

Respondent

Procedural Posture

Information Rights / Contempt Application / Application to Certify Contempt—striking Out Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal has jurisdiction to certify contempt under section 77 of FOIA 2000
  2. 2 Whether the Cabinet Office committed contempt by failing to disclose or by destroying information
  3. 3 Whether the application for contempt had a realistic prospect of success

Ratio Decidendi

The First-tier Tribunal has no statutory jurisdiction to determine allegations of criminal offences under section 77 FOIA, and there is no realistic prospect of the contempt application succeeding; therefore, the application must be struck out.

Court Disposition

Application struck out

Orders

  • The application to certify a contempt is struck out under Rules 8(2)(a) and 8(3)(c) of the Tribunal Procedure (First Tier Tribunal) (General Regulatory Chamber) Rules 2009.