Moss v Information Commissioner

Moss v Information Commissioner

The refusal to grant an anonymity order was lawful as the principle of open justice prevailed over the appellant's Article 8 and 6 rights. There was no appreciable risk to the appellant's privacy, and the necessity threshold for derogation from open justice was not met. The appellant's arguments did not justify a departure from the general rule of publicity in court proceedings.

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
Constitutional Law Human Rights Law Administrative Law Open Justice Anonymity Orders Article 8 ECHR Article 10 ECHR Article 6 ECHR +1 more

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 15 Party arguments 2
Sign in to unlock

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 an anonymity order 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(1) right to a fair hearing
  3. 3 Whether the refusal breached the appellant's Article 8 right to privacy

Ratio Decidendi

The refusal to grant an anonymity order was lawful as the principle of open justice prevailed over the appellant's Article 8 and 6 rights. There was no appreciable risk to the appellant's privacy, and the necessity threshold for derogation from open justice was not met. The appellant's arguments did not justify a departure from the general rule of publicity in court proceedings.

Court Disposition

Appeal dismissed

Orders

  • Application for anonymity order dismissed
  • Temporary anonymity order discharged