Ruth Farnsworth v Information Commissioner

Ruth Farnsworth v Information Commissioner

The First-tier Tribunal erred in law by failing to fairly and justly identify the appellant's grounds of appeal, which reasonably disclosed a realistic prospect that the challenged Information Commissioner decision wrongly applied regulation 12(4)(d); the appellant's case merits consideration at a full hearing.

Source-derived case information.

Parties
Appellant: Mrs Ruth Farnsworth; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
12 July 2024
Procedural Posture
Administrative Appeal / Appeal From First Tier Tribunal, Upper Tribunal Decision
Outcome
appeal allowed
Legal Topics
Environmental Information Disclosure, Regulation 12(4)(d) Exception, Tribunal Procedure, Strike Out Applications
Administrative Law Information Law Environmental Information Disclosure Regulation 12(4)(d) Exception Tribunal Procedure Strike Out Applications

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Mrs Ruth Farnsworth

Appellant

Information Commissioner

Respondent

Procedural Posture

Administrative Appeal / Appeal From First Tier Tribunal, Upper Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by striking out the appellant's appeal as having no reasonable prospect of success
  2. 2 Whether the requested information was a distinct, complete document or an unfinished draft subject to regulation 12(4)(d)

Ratio Decidendi

The First-tier Tribunal erred in law by failing to fairly and justly identify the appellant's grounds of appeal, which reasonably disclosed a realistic prospect that the challenged Information Commissioner decision wrongly applied regulation 12(4)(d); the appellant's case merits consideration at a full hearing.

Court Disposition

appeal allowed

Orders

  • The First-tier Tribunal decision striking out the appellant's appeal is set aside.
  • The application to strike out the appellant's appeal is refused.