Paul Hopkins v The Information Commissioner & Anor.

Paul Hopkins v The Information Commissioner & Anor.

The strike out of the appeal was based on a procedural irregularity; the Tribunal exercised its power to set aside the previous decision and, upon fresh consideration, refused the strike out, allowing the matter to proceed to final determination.

Parties
Appellant: Paul Hopkins; First Respondent: The Information Commissioner; Second Respondent: Chief Constable Staffordshire Police
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Information Rights Appeal / Case Management Directions
Outcome
Strike out refused; appeal to proceed to final determination.
Legal Topics
Procedural Irregularity, Strike Out Applications, Case Management, Determination on Papers
Information Rights Administrative Law Procedural Irregularity Strike Out Applications Case Management Determination on Papers

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Hopkins

Appellant

The Information Commissioner

First Respondent

Chief Constable Staffordshire Police

Second Respondent

Procedural Posture

Information Rights Appeal / Case Management Directions

Legal Issues

  1. 1 Whether the strike out of the appeal should stand
  2. 2 Whether the application for set aside should be allowed
  3. 3 Whether the matter should proceed to final determination

Ratio Decidendi

The strike out of the appeal was based on a procedural irregularity; the Tribunal exercised its power to set aside the previous decision and, upon fresh consideration, refused the strike out, allowing the matter to proceed to final determination.

Court Disposition

Strike out refused; appeal to proceed to final determination.

Orders

  • First Respondent's application for set aside permitted out of time.
  • Decision dated 1 March 2023 set aside; Registrar's strike out stands.