Peter Tilson v The Information Commissioner

Peter Tilson v The Information Commissioner

The Tribunal's jurisdiction is limited to determining whether the requested information is held; it cannot consider whether information should have been held or make enforcement/information orders. The appellant's case is fanciful and has no reasonable prospect of success.

Parties
Appellant: Peter Tilson; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
22 December 2022
Procedural Posture
Appeal / Strike Out Application
Outcome
appeal struck out
Legal Topics
Strike Out, Reasonable Prospect of Success, Information Not Held, Environmental Information Regulations
Information Rights Environmental Law Strike Out Reasonable Prospect of Success Information Not Held Environmental Information Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Tilson

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the appeal has a reasonable prospect of success where the information requested is not held by the public authority
  2. 2 Whether the Tribunal has jurisdiction to consider if information should have been held or to make enforcement/information orders

Ratio Decidendi

The Tribunal's jurisdiction is limited to determining whether the requested information is held; it cannot consider whether information should have been held or make enforcement/information orders. The appellant's case is fanciful and has no reasonable prospect of success.

Court Disposition

appeal struck out

Orders

  • The Appellant’s Notice of Appeal dated 15 August 2022 is struck out as having no reasonable prospect of success.