Howard Liu v Information Commissioner

The First-tier Tribunal erred in law by mischaracterising the purpose of the request, failing to recognise its legitimate value in light of the Library's admitted error, and by not properly considering the burden or the availability of section 12 FOIA. The decision is set aside and the case remitted for rehearing.

Parties: Appellant: Howard Liu; Respondent: Information Commissioner
Jurisdiction: England and Wales
Judgment Date: 12 December 2024
Procedural Posture: Administrative Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome: Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing
Legal Topics: Vexatious Requests, Error of Law, Section 14 FOIA, Section 12 FOIA, Tribunal Rehearing

Administrative Law Freedom of Information Vexatious Requests Error of Law Section 14 FOIA Section 12 FOIA Tribunal Rehearing

Case Brief

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Parties

Howard Liu

Appellant

Information Commissioner

Respondent

Procedural Posture

Administrative Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

1 Whether the First-tier Tribunal erred in law in finding the FOIA request vexatious under section 14(1)
2 Whether the Tribunal mischaracterised the purpose and value of the request
3 Whether the Tribunal failed to consider the burden and breadth of the request appropriately

Ratio Decidendi

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing

Orders

The decision of the First-tier Tribunal is set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007
The case is remitted to the tribunal for rehearing by a differently constituted panel