David Phillips v Information Commissioner

David Phillips v Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the Applicant's complaint; the only power is to address procedural failings, which have now been remedied. There is no reasonable prospect of the case succeeding.

Parties
Applicant: David Phillips; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
03 December 2025
Procedural Posture
Information Rights Tribunal Application / Strike Out Application Determination
Outcome
Proceedings struck out for no reasonable prospect of success.
Legal Topics
Section 166 Data Protection Act 2018, Procedural Jurisdiction, Tribunal Powers, Article 16 GDPR
Data Protection Information Rights Section 166 Data Protection Act 2018 Procedural Jurisdiction Tribunal Powers Article 16 GDPR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

David Phillips

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Tribunal Application / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the merits or outcome of the Applicant's complaint under section 166 DPA
  2. 2 Whether there was a procedural failing by the Information Commissioner justifying an order under section 166 DPA

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the Applicant's complaint; the only power is to address procedural failings, which have now been remedied. There is no reasonable prospect of the case succeeding.

Court Disposition

Proceedings struck out for no reasonable prospect of success.

Orders

  • The proceedings are struck out under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.