Gary Shipton v The Information Commissioner & Anor

Gary Shipton v The Information Commissioner & Anor

The First-tier Tribunal erred in law by not properly applying paragraph 15(6) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007 regarding panel composition, but the appellant's consent to the procedural irregularity was voluntary, informed, and unequivocal, resulting in no breach of natural justice; thus, the error does not warrant setting aside the decision.

Parties
Appellant: Gary Shipton; 1st Respondent: Information Commissioner; 2nd Respondent: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
12 July 2023
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
Appeal allowed; First-tier Tribunal decision stands; not set aside.
Legal Topics
Tribunal Composition, Natural Justice, Consent to Procedural Irregularity, Error of Law
Administrative Law Freedom of Information Tribunal Composition Natural Justice Consent to Procedural Irregularity Error of Law

Case Brief

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Parties

Gary Shipton

Appellant

Information Commissioner

1st Respondent

Dorset County Council

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law regarding panel composition under paragraph 15(6) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007
  2. 2 Whether the absence of a panel member during live evidence breached rules of natural justice absent voluntary, informed, and unequivocal consent

Ratio Decidendi

The First-tier Tribunal erred in law by not properly applying paragraph 15(6) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007 regarding panel composition, but the appellant's consent to the procedural irregularity was voluntary, informed, and unequivocal, resulting in no breach of natural justice; thus, the error does not warrant setting aside the decision.

Court Disposition

Appeal allowed; First-tier Tribunal decision stands; not set aside.

Orders

  • The appeal is allowed.
  • The First-tier Tribunal's decision dated 28 November 2022 is not set aside and stands.