Liam Harron v The Information Commissioner

Liam Harron v The Information Commissioner

The Tribunal has no jurisdiction because the grounds of appeal do not allege any legal error or inappropriate exercise of discretion in the Decision Notice, nor do they seek a remedy the Tribunal can provide under s. 58 FOIA.

Parties
Appellant: Liam Harron; First Respondent: The Information Commissioner; Second Respondent: Rotherham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Information Rights Appeal / Strike Out Application Determination
Outcome
appeal struck out for want of jurisdiction
Legal Topics
Jurisdiction, Freedom of Information, Appeal Procedure
Information Law Jurisdiction Freedom of Information Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Liam Harron

Appellant

The Information Commissioner

First Respondent

Rotherham Metropolitan Borough Council

Second Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine the appeal under s. 57 and 58 FOIA
  2. 2 Whether the grounds of appeal engage the statutory jurisdiction of the Tribunal

Ratio Decidendi

The Tribunal has no jurisdiction because the grounds of appeal do not allege any legal error or inappropriate exercise of discretion in the Decision Notice, nor do they seek a remedy the Tribunal can provide under s. 58 FOIA.

Court Disposition

appeal struck out for want of jurisdiction

Orders

  • The Second Respondent’s Strike Out Application is allowed.
  • The appeal is struck out under rule 8 (2) (a) as the Tribunal has no jurisdiction to determine it.