Dr Philip Wise v The Information Commissioner & Anor

Dr Philip Wise v The Information Commissioner & Anor

The First-tier Tribunal made material errors of law by failing to make adequate findings of fact about the information held by DVLA at the date of the FOI request, making perverse findings without evidence, and proceeding without relevant evidence. These errors necessitate setting aside the decision and remitting the case for rehearing by a new Tribunal.

Parties
Appellant: Dr Philip Wise; First Respondent: The Information Commissioner; Second Respondent: The Driver and Vehicle Licensing Agency
Jurisdiction
England and Wales
Judgment Date
27 June 2025
Procedural Posture
Appeal / Upper Tribunal Administrative Appeals Chamber, Appeal From First Tier Tribunal (general Regulatory Chamber)
Outcome
First-tier Tribunal decision set aside; case remitted for rehearing by a fresh Tribunal.
Legal Topics
Freedom of Information, Tribunal Procedure, Error of Law, Remittal, Evidence Assessment
Administrative Law Information Law Freedom of Information Tribunal Procedure Error of Law Remittal Evidence Assessment

Case Brief

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Parties

Dr Philip Wise

Appellant

The Information Commissioner

First Respondent

The Driver and Vehicle Licensing Agency

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Administrative Appeals Chamber, Appeal From First Tier Tribunal (general Regulatory Chamber)

Legal Issues

  1. 1 Whether the First-tier Tribunal made material errors of law in determining the scope of information held by DVLA at the date of the FOI request
  2. 2 Whether the First-tier Tribunal made perverse or irrational findings of fact without adequate evidence
  3. 3 Whether the First-tier Tribunal committed procedural irregularity by determining the appeal without relevant evidence

Ratio Decidendi

The First-tier Tribunal made material errors of law by failing to make adequate findings of fact about the information held by DVLA at the date of the FOI request, making perverse findings without evidence, and proceeding without relevant evidence. These errors necessitate setting aside the decision and remitting the case for rehearing by a new Tribunal.

Court Disposition

First-tier Tribunal decision set aside; case remitted for rehearing by a fresh Tribunal.

Orders

  • The case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.
  • The new Tribunal should not include any previous panel members.