Mike Davies v Information Commissioner

Mike Davies v Information Commissioner

The Commissioner fulfilled his statutory obligation by responding to the complaint and informing the Labour Party of its breach; the Tribunal cannot interfere with the Commissioner’s regulatory discretion, and there is no realistic prospect of success for the application.

Parties
Applicant: Mike Davies; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
30 August 2022
Procedural Posture
Information Rights Appeal / Strike Out Application
Outcome
Struck out
Legal Topics
Subject Access Request, Regulatory Procedure, Tribunal Procedure, Commissioner’s Duties
Data Protection Administrative Law Subject Access Request Regulatory Procedure Tribunal Procedure Commissioner’s Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Mike Davies

Applicant

Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Information Commissioner failed to take appropriate steps to respond to the applicant's complaint within the statutory period
  2. 2 Whether the Tribunal can order further action by the Commissioner after a response has been provided

Ratio Decidendi

The Commissioner fulfilled his statutory obligation by responding to the complaint and informing the Labour Party of its breach; the Tribunal cannot interfere with the Commissioner’s regulatory discretion, and there is no realistic prospect of success for the application.

Court Disposition

Struck out

Orders

  • Proceedings are struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.