Mark James v The Information Commissioner & Anor

Mark James v The Information Commissioner & Anor

The appeal was struck out because the grounds did not engage with the Tribunal's jurisdiction and did not challenge the finding that the request was part of a campaign engaging section 14 FOIA; thus, there was no realistic prospect of success.

Parties
Appellant: Mark James; First Respondent: The Information Commissioner; Second Respondent: The Medicines and Healthcare Regulatory Authority
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Information Rights Appeal / Strike Out Application Determination
Outcome
appeal struck out
Legal Topics
Freedom of Information, Strike Out Applications, Section 14 FOIA, Abuse of Process
Information Law Administrative Law Freedom of Information Strike Out Applications Section 14 FOIA Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Mark James

Appellant

The Information Commissioner

First Respondent

The Medicines and Healthcare Regulatory Authority

Second Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determination

Legal Issues

  1. 1 Whether the appeal had a reasonable prospect of success under rule 8(3)(c)
  2. 2 Whether the Information Commissioner correctly applied section 14 FOIA to refuse the information request

Ratio Decidendi

The appeal was struck out because the grounds did not engage with the Tribunal's jurisdiction and did not challenge the finding that the request was part of a campaign engaging section 14 FOIA; thus, there was no realistic prospect of success.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out under rule 8(3)(c) as having no reasonable prospect of success.