Dr Tony Cutler v The Information Commissioner & Anor.

Dr Tony Cutler v The Information Commissioner & Anor.

Permission to appeal is granted because the Applicant was not given an opportunity to comment on a new point raised by the Judge regarding the likelihood of success, which raises an arguable issue of natural justice.

Parties
Applicant: Dr. Tony Cutler; First Respondent: The Information Commissioner; Second Respondent: The Equalities and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
27 March 2023
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Freedom of Information, Strike Out Procedure, Natural Justice

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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Dr. Tony Cutler

Applicant

The Information Commissioner

First Respondent

The Equalities and Human Rights Commission

Second Respondent

Procedural Posture

Appeal / Application for Permission to Appeal

  1. 1 Whether the appeal should be granted permission based on arguable grounds of natural justice
  2. 2 Whether the original information request constituted a valid request for recorded information under FOIA 2000

Ratio Decidendi

Permission to appeal is granted because the Applicant was not given an opportunity to comment on a new point raised by the Judge regarding the likelihood of success, which raises an arguable issue of natural justice.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted to the Upper Tribunal.