Kushara Navaratne v Information Commissioner

Kushara Navaratne v Information Commissioner

The appeal was struck out because the appellant had not waited for the statutory period for the ICO to consider the complaint, and there was no reasonable prospect of the proceedings succeeding.

Parties
Appellant: Kushara Navaratne; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Appeal / Decision on Application to Strike Out
Outcome
appeal struck out
Legal Topics
Data Protection Act 2018, GDPR, Tribunal Jurisdiction, Striking Out Proceedings
Information Rights Data Protection Data Protection Act 2018 GDPR Tribunal Jurisdiction Striking Out Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Kushara Navaratne

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Decision on Application to Strike Out

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the appeal under section 166 of the Data Protection Act 2018
  2. 2 Whether the appeal should be struck out for having no reasonable prospect of success

Ratio Decidendi

The appeal was struck out because the appellant had not waited for the statutory period for the ICO to consider the complaint, and there was no reasonable prospect of the proceedings succeeding.

Court Disposition

appeal struck out

Orders

  • Proceedings struck out pursuant to rule 8(3)(c) of the GRC Rules.