Dr Tony Cutler v The Information Commissioner & Anor

Dr Tony Cutler v The Information Commissioner & Anor

The appeal was struck out because the original information request was phrased as questions and not as a request for recorded information, making it insufficiently particularised and lacking reasonable prospects of success.

Parties
Applicant: Dr. Tony Cutler; First Respondent: The Information Commissioner; Second Respondent: The Equalities and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Appeal / Ruling on Strike Out Application Under Rule 4(3)
Outcome
Appeal struck out
Legal Topics
Freedom of Information, Strike Out Procedure, Adequacy of Information Requests
Information Rights Administrative Law Freedom of Information Strike Out Procedure Adequacy of Information Requests

Case Brief

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Parties

Dr. Tony Cutler

Applicant

The Information Commissioner

First Respondent

The Equalities and Human Rights Commission

Second Respondent

Procedural Posture

Appeal / Ruling on Strike Out Application Under Rule 4(3)

Legal Issues

  1. 1 Whether the appeal had reasonable prospects of success
  2. 2 Whether the original information request constituted a valid request for recorded information under FOIA 2000
  3. 3 Adequacy of the Information Commissioner's investigation

Ratio Decidendi

The appeal was struck out because the original information request was phrased as questions and not as a request for recorded information, making it insufficiently particularised and lacking reasonable prospects of success.

Court Disposition

Appeal struck out

Orders

  • Appeal is struck out under rule 8(3)(c) of the Tribunal’s Rules
  • Applicant may make a fresh information request