Ea Lee v The Information Commissioner & Anor

Ea Lee v The Information Commissioner & Anor

The appeal is struck out because it relates to the DN Response, not the Decision Notice, and no Decision Notice has been issued in relation to the DN Response. Therefore, the Tribunal lacks jurisdiction under Rule 8(2)(a), and the appeal has no reasonable prospect of success under Rule 8(3)(c).

Parties
Appellant: EA Lee; Respondent: The Information Commissioner; Respondent: NHS England
Jurisdiction
England and Wales
Judgment Date
08 November 2025
Procedural Posture
Appeal / Strike Out Application, Decision Without Hearing
Outcome
appeal struck out
Legal Topics
Freedom of Information Act 2000, Jurisdiction, Decision Notice, Strike Out Procedure
Information Rights Administrative Law Freedom of Information Act 2000 Jurisdiction Decision Notice Strike Out Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

EA Lee

Appellant

The Information Commissioner

Respondent

NHS England

Respondent

Procedural Posture

Appeal / Strike Out Application, Decision Without Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the appeal against the Decision Notice
  2. 2 Whether the appeal has any reasonable prospect of success
  3. 3 Whether the appeal relates to the Decision Notice or the DN Response

Ratio Decidendi

The appeal is struck out because it relates to the DN Response, not the Decision Notice, and no Decision Notice has been issued in relation to the DN Response. Therefore, the Tribunal lacks jurisdiction under Rule 8(2)(a), and the appeal has no reasonable prospect of success under Rule 8(3)(c).

Court Disposition

appeal struck out

Orders

  • The appeal is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to hear it.
  • The appeal is struck out under Rule 8(3)(c) because there is no reasonable prospect of it succeeding.