Reuben Kirkham v Information Commissioner

Reuben Kirkham v Information Commissioner

Disclosure of strike out applications and appellant pleadings is directed to advance open justice, as the process would have been public if oral hearings had occurred, and the practicalities and costs do not outweigh the benefits of transparency.

Parties
Appellant: Reuben Kirkham; Respondent: Information Commissioner; Appellant in Ea/2022/0290: Mr Harron; Amicus Curiae: Maurice Frankel OBE
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application for Disclosure / Ruling on Disclosure Application
Outcome
application allowed
Legal Topics
Open Justice, Disclosure of Tribunal Documents, Strike Out Applications, Bias and Recusal
Administrative Law Information Rights Open Justice Disclosure of Tribunal Documents Strike Out Applications Bias and Recusal

Case Brief

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Parties

Reuben Kirkham

Appellant

Information Commissioner

Respondent

Mr Harron

Appellant in Ea/2022/0290

Maurice Frankel OBE

Amicus Curiae

Procedural Posture

Application for Disclosure / Ruling on Disclosure Application

Legal Issues

  1. 1 Whether the tribunal was properly constituted to decide the disclosure application
  2. 2 Whether the judge should recuse himself for alleged bias
  3. 3 Whether third-party disclosure of tribunal documents is justified under the open justice principle

Ratio Decidendi

Disclosure of strike out applications and appellant pleadings is directed to advance open justice, as the process would have been public if oral hearings had occurred, and the practicalities and costs do not outweigh the benefits of transparency.

Court Disposition

application allowed

Orders

  • Disclosure of applications to strike out made by the Information Commissioner in the referenced cases.
  • Disclosure of material submitted by appellants in the referenced cases.