Liam Gerard Harron v The Information Commissioner & Anor

Liam Gerard Harron v The Information Commissioner & Anor

The First-tier Tribunal erred in law by striking out Mr Harron's appeal for lack of jurisdiction, as his grounds of appeal did engage the Tribunal's statutory jurisdiction under sections 57 and 58 of FOIA. The FTT failed to consider whether the appeal had no reasonable prospect of success under rule 8(3)(c) and did not properly address the substance of the grounds advanced. The strike out decision was set aside and the matter remitted to a freshly constituted First-tier Tribunal to reconsider the strike out application on the correct basis.

Parties
Appellant: Liam Gerard Harron; First Respondent: The Information Commissioner; Second Respondent: Rotherham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
05 September 2024
Procedural Posture
Appeal / Upper Tribunal (administrative Appeals Chamber) Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed; strike out decision set aside; remitted for reconsideration
Legal Topics
Freedom of Information, Tribunal Procedure, Jurisdiction, Personal Data, Strike Out Applications
Administrative Law Information Law Freedom of Information Tribunal Procedure Jurisdiction Personal Data Strike Out Applications

Case Brief

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Parties

Liam Gerard Harron

Appellant

The Information Commissioner

First Respondent

Rotherham Metropolitan Borough Council

Second Respondent

Procedural Posture

Appeal / Upper Tribunal (administrative Appeals Chamber) Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by striking out the appeal for lack of jurisdiction
  2. 2 Whether the appellant's grounds of appeal engaged the statutory jurisdiction of the Tribunal under sections 57 and 58 of the Freedom of Information Act 2000
  3. 3 Whether the First-tier Tribunal failed to consider the merits of the appeal under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

Ratio Decidendi

The First-tier Tribunal erred in law by striking out Mr Harron's appeal for lack of jurisdiction, as his grounds of appeal did engage the Tribunal's statutory jurisdiction under sections 57 and 58 of FOIA. The FTT failed to consider whether the appeal had no reasonable prospect of success under rule 8(3)(c) and did not properly address the substance of the grounds advanced. The strike out decision was set aside and the matter remitted to a freshly constituted First-tier Tribunal to reconsider the strike out application on the correct basis.

Court Disposition

Appeal allowed; strike out decision set aside; remitted for reconsideration

Orders

  • The strike out decision of the First-tier Tribunal made on 18 January 2023 is set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007.
  • The question of whether Mr Harron's appeal should be struck out for having no reasonable prospects of success is to be reconsidered by a freshly constituted First-tier Tribunal.