Moss v The Royal Borough of Kingston-Upon-Thames & Anor [2023] EWCA Civ 1438 (30 November 2023)

Moss v The Royal Borough of Kingston-Upon-Thames & Anor [2023] EWCA Civ 1438 (30 November 2023)

The High Court's jurisdiction on certification by the FTT is to inquire into whether the conduct amounts to contempt, not merely to determine sanction. The FTT's certification is not a binding finding of contempt. There was no breach of Article 6 ECHR in requiring the applicant to initiate or participate in enforcement proceedings.

Citation
[2023] EWCA Civ 1438
Parties
Appellant: Derek Moss; First Respondent: The Royal Borough of Kingston-upon-Thames; Second Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
30 November 2023
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Contempt of Court, Freedom of Information, Tribunal Procedure, Article 6 ECHR, Enforcement of Tribunal Orders
Administrative Law Information Law Human Rights Contempt of Court Freedom of Information Tribunal Procedure Article 6 ECHR Enforcement of Tribunal Orders

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 2 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Derek Moss

Appellant

The Royal Borough of Kingston-upon-Thames

First Respondent

The Information Commissioner

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the High Court's role on certification by the FTT is limited to sanction or includes determining if contempt occurred
  2. 2 Whether the process breached Article 6 ECHR rights of the applicant

Ratio Decidendi

The High Court's jurisdiction on certification by the FTT is to inquire into whether the conduct amounts to contempt, not merely to determine sanction. The FTT's certification is not a binding finding of contempt. There was no breach of Article 6 ECHR in requiring the applicant to initiate or participate in enforcement proceedings.

Court Disposition

Appeal dismissed