Edward Williams v The Information Commissioner

Edward Williams v The Information Commissioner

The application for permission to appeal is refused because neither ground of appeal is arguable; rule 5(2) does not apply to struck-out appeals, no application under rule 41 was made, and the Tribunal lacks jurisdiction to consider the lawfulness of the Information Commissioner's outcome letter under s. 166 DPA 2018.

Parties
Applicant: Edward Williams; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
13 February 2023
Procedural Posture
Application for Permission to Appeal / Ruling on Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Strike Out, Reinstatement, Jurisdiction, Delegated Authority
Data Protection Information Rights Strike Out Reinstatement Jurisdiction Delegated Authority

Case Brief

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Parties

Edward Williams

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application for Permission to Appeal / Ruling on Permission to Appeal

Legal Issues

  1. 1 Whether the Tribunal has power to reinstate a struck-out appeal under rule 5(2)
  2. 2 Whether the grounds of appeal against the strike out decision are arguable
  3. 3 Whether the Tribunal has jurisdiction to consider the lawfulness of the Information Commissioner's outcome letter

Ratio Decidendi

The application for permission to appeal is refused because neither ground of appeal is arguable; rule 5(2) does not apply to struck-out appeals, no application under rule 41 was made, and the Tribunal lacks jurisdiction to consider the lawfulness of the Information Commissioner's outcome letter under s. 166 DPA 2018.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused