David Eric Platts v The Information Commissioner

David Eric Platts v The Information Commissioner

The Tribunal has no jurisdiction because the grounds of appeal do not allege that the Decision Notice was wrong in law or involved an inappropriate exercise of discretion, and the remedy sought is not one the Tribunal can provide.

Parties
Applicant: David Eric Platts; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Appeal / Strike Out Application; Determination on the Papers
Outcome
Appeal struck out for want of jurisdiction
Legal Topics
Freedom of Information, Jurisdiction, Tribunal Procedure
Information Law Administrative Law Freedom of Information Jurisdiction Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

David Eric Platts

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Application; Determination on the Papers

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine the appeal under s. 57 and 58 FOIA
  2. 2 Whether the grounds of appeal allege an error of law or inappropriate exercise of discretion by the Information Commissioner

Ratio Decidendi

The Tribunal has no jurisdiction because the grounds of appeal do not allege that the Decision Notice was wrong in law or involved an inappropriate exercise of discretion, and the remedy sought is not one the Tribunal can provide.

Court Disposition

Appeal struck out for want of jurisdiction

Orders

  • The appeal is struck out under rule 8(2)(a) as the Tribunal has no jurisdiction to determine it.