Brian Murphy v The Information Commissioner

Brian Murphy v The Information Commissioner

The appeal was struck out because the appellant's prospects of success were fanciful rather than realistic, and no properly-directed tribunal could allow the appeal based on the arguments presented.

Parties
Appellant: Brian Murphy; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
23 December 2022
Procedural Posture
Appeal / Strike Out Application
Outcome
appeal struck out
Legal Topics
Costs Limit, Strike Out, Appeal Procedure
Information Rights Costs Limit Strike Out Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Brian Murphy

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the appeal has a reasonable prospect of success
  2. 2 Whether the public authority's estimate of costs was reasonable under FOIA

Ratio Decidendi

The appeal was struck out because the appellant's prospects of success were fanciful rather than realistic, and no properly-directed tribunal could allow the appeal based on the arguments presented.

Court Disposition

appeal struck out

Orders

  • The Appellant’s Notice of Appeal dated 2 August 2022 is struck out as having no reasonable prospect of success.