Dr T Cutler v Information Commissioner & Anor

Dr T Cutler v Information Commissioner & Anor

The appellant's communication did not constitute a valid request for information under FOIA as it failed to describe the information requested; therefore, the appeal against the Commissioner's decision notice had no reasonable prospect of success and was struck out. The First-tier Tribunal erred in law by striking out the appeal on a ground not raised by the parties and without giving the appellant an opportunity to make representations, breaching natural justice.

Parties
Appellant: Dr T Cutler; 1st Respondent: Information Commissioner; 2nd Respondent: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
12 April 2024
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; appeal struck out
Legal Topics
FOIA Requests, Tribunal Procedure, Natural Justice, Jurisdiction
Administrative Law Freedom of Information FOIA Requests Tribunal Procedure Natural Justice Jurisdiction

Case Brief

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Parties

Dr T Cutler

Appellant

Information Commissioner

1st Respondent

Equality and Human Rights Commission

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant's communication constituted a valid request for information under FOIA
  2. 2 Whether the First-tier Tribunal erred in law by striking out the appeal on a ground not raised by the parties
  3. 3 Whether the proceedings were conducted unfairly in breach of natural justice

Ratio Decidendi

The appellant's communication did not constitute a valid request for information under FOIA as it failed to describe the information requested; therefore, the appeal against the Commissioner's decision notice had no reasonable prospect of success and was struck out. The First-tier Tribunal erred in law by striking out the appeal on a ground not raised by the parties and without giving the appellant an opportunity to make representations, breaching natural justice.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; appeal struck out

Orders

  • The First-tier Tribunal’s decision is set aside under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007.
  • The appellant’s appeal against the Information Commissioner’s decision notice is struck out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.