Moss v Information Commissioner [2020] EWCA Civ 580 (15 May 2020)

Moss v Information Commissioner [2020] EWCA Civ 580 (15 May 2020)

The principle of open justice prevails unless a derogation is strictly necessary. The appellant failed to demonstrate that anonymity was necessary to protect his Article 8 or 6 rights, and the risk to his privacy was negligible. The tribunal's refusal to grant anonymity was lawful and proportionate.

Citation
[2020] EWCA Civ 580
Parties
Appellant: Derek Moss; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
15 May 2020
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Open Justice, Anonymity Orders, Article 8 ECHR, Article 10 ECHR, Article 6 ECHR, Freedom of Information, Balancing Exercise
Civil Procedure Human Rights Open Justice Anonymity Orders Article 8 ECHR Article 10 ECHR Article 6 ECHR Freedom of Information +1 more

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Parties

Derek Moss

Appellant

Information Commissioner

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the refusal to grant anonymity to the appellant was lawful under the balancing of ECHR rights and the principle of open justice
  2. 2 Whether the refusal breached the appellant's Article 6 (fair trial) and Article 8 (privacy) rights

Ratio Decidendi

The principle of open justice prevails unless a derogation is strictly necessary. The appellant failed to demonstrate that anonymity was necessary to protect his Article 8 or 6 rights, and the risk to his privacy was negligible. The tribunal's refusal to grant anonymity was lawful and proportionate.

Court Disposition

Appeal dismissed

Orders

  • Application for anonymity order dismissed
  • Temporary anonymity order discharged