Gary Symonds v The Information Commissioner

Gary Symonds v The Information Commissioner

The tribunal lacks jurisdiction to hear appeals concerning the Commissioner's investigation under section 77 FOIA, as such matters do not fall within the scope of section 50 FOIA and are not within the tribunal’s remit.

Parties
Appellant: Gary Symonds; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Decision on Strike Out Application
Outcome
appeal struck out
Legal Topics
Jurisdiction, Freedom of Information, Appeal Procedure
Information Rights Administrative Law Jurisdiction Freedom of Information Appeal Procedure

Case Brief

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Parties

Gary Symonds

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Decision on Strike Out Application

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear an appeal concerning the Commissioner's investigation under section 77 of the Freedom of Information Act 2000

Ratio Decidendi

The tribunal lacks jurisdiction to hear appeals concerning the Commissioner's investigation under section 77 FOIA, as such matters do not fall within the scope of section 50 FOIA and are not within the tribunal’s remit.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out under rule 8(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.