Frank Wilson v The Information Commissioner

Frank Wilson v The Information Commissioner

The Tribunal found, on the balance of probabilities, that the Council does not hold further information within the scope of the Appellant’s request and that the issues raised in paragraphs three to eight are outside the Tribunal’s jurisdiction. The appeal had no reasonable prospects of success and was properly...

Source-derived case information.

Parties
Appellant: Frank Wilson; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Appeal Under Freedom of Information Act 2000 / Strike Out Application and Final Determination
Outcome
Appeal struck out and dismissed
Legal Topics
Freedom of Information, Jurisdiction, Disclosure Obligations, Strike Out Applications
Information Law Administrative Law Freedom of Information Jurisdiction Disclosure Obligations Strike Out Applications

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Parties

Frank Wilson

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal Under Freedom of Information Act 2000 / Strike Out Application and Final Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction over the issues raised in paragraphs three to eight of the appeal
  2. 2 Whether the Council holds further information within the scope of the Appellant’s FOIA request
  3. 3 Whether the appeal has reasonable prospects of success

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the Council does not hold further information within the scope of the Appellant’s request and that the issues raised in paragraphs three to eight are outside the Tribunal’s jurisdiction. The appeal had no reasonable prospects of success and was properly struck out under Rule 8(2)(a) and Rule 8(3)(c) of the Tribunal Rules.

Court Disposition

Appeal struck out and dismissed

Orders

  • The appeal is struck out as regards paragraphs one and two under Rule 8(3)(c) of the Tribunal Rules.
  • The appeal is struck out as regards paragraphs three to eight under Rule 8(2)(a) or 8(3)(c) of the Tribunal Rules.