Ivan Murray-Smith v The Information Commissioner

Ivan Murray-Smith v The Information Commissioner

The tribunal refused to extend time for the appeal because the merits of the appeal could not be considered due to statutory limitations, the relevant time for considering disclosure was the date of the response, and the delay was significant and not justified by circumstances relevant to the legal issues.

Parties
Applicant: Ivan Murray-Smith; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Appeal / Application for Extension of Time
Outcome
Application for extension of time refused; appeal not admitted.
Legal Topics
Extension of Time, Jurisdiction, Freedom of Information, Personal Data, Environmental Information Regulations
Information Rights Administrative Law Extension of Time Jurisdiction Freedom of Information Personal Data Environmental Information Regulations

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Parties

Ivan Murray-Smith

Applicant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Application for Extension of Time

Legal Issues

  1. 1 Whether the tribunal should extend time for an out of time appeal against a decision notice
  2. 2 Whether the tribunal has jurisdiction to determine the merits of the response to the applicant's June 2023 request without a decision notice

Ratio Decidendi

The tribunal refused to extend time for the appeal because the merits of the appeal could not be considered due to statutory limitations, the relevant time for considering disclosure was the date of the response, and the delay was significant and not justified by circumstances relevant to the legal issues.

Court Disposition

Application for extension of time refused; appeal not admitted.

Orders

  • Notice of appeal not admitted by the tribunal.
  • Time limit for notice of appeal not extended.