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
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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 / Application for Permission to Appeal
Legal Issues
- 1 Whether the appeal should be granted permission based on arguable grounds of natural justice
- 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.
Full Case Text
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