Paul Hopkins v The Information Commissioner & Anor

Paul Hopkins v The Information Commissioner & Anor

The appeal should not be struck out because the appellant's grounds establish a triable issue regarding whether more information is held due to a statutory duty to record it, which is relevant to the balance of probabilities test.

Parties
Appellant: Paul Hopkins; First Respondent: The Information Commissioner; Second Respondent: Chief Constable Staffordshire Police
Jurisdiction
England and Wales
Judgment Date
01 March 2023
Procedural Posture
Appeal / Strike Out Application
Outcome
strike out application refused
Legal Topics
Strike Out Application, Statutory Duty to Record Information, Balance of Probabilities, Binding Precedent
Information Rights Administrative Law Strike Out Application Statutory Duty to Record Information Balance of Probabilities Binding Precedent

Case Brief

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Parties

Paul Hopkins

Appellant

The Information Commissioner

First Respondent

Chief Constable Staffordshire Police

Second Respondent

Procedural Posture

Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the appeal has reasonable prospects of success
  2. 2 Whether the statutory duty to record information affects the balance of probabilities test
  3. 3 Whether the Tribunal should strike out the appeal under rule 8(3)(c)

Ratio Decidendi

The appeal should not be struck out because the appellant's grounds establish a triable issue regarding whether more information is held due to a statutory duty to record it, which is relevant to the balance of probabilities test.

Court Disposition

strike out application refused

Orders

  • Appeal to proceed to determination as soon as practicable