Robert Moss v The Information Commissioner
The appeal was struck out because the grounds of appeal did not engage with the Tribunal's jurisdiction or raise any argument against the material legal conclusion of the Decision Notice, and thus had no reasonable prospects of success.
Source-derived case information.
- Parties
- Appellant: Robert Moss; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Information Rights Appeal / Strike Out Application Determination
- Outcome
- appeal struck out
- Legal Topics
- Freedom of Information, Strike Out Applications, Section 14(1) FOIA, Jurisdiction of Tribunal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Moss
Appellant
The Information Commissioner
Respondent
Procedural Posture
Information Rights Appeal / Strike Out Application Determination
Legal Issues
- 1 Whether the appeal had any reasonable prospects of success under rule 8(3)(c)
- 2 Whether the Information Commissioner's reliance on section 14(1) FOIA was correct
- 3 Whether the grounds of appeal engaged with the material legal conclusion of the Decision Notice
Ratio Decidendi
The appeal was struck out because the grounds of appeal did not engage with the Tribunal's jurisdiction or raise any argument against the material legal conclusion of the Decision Notice, and thus had no reasonable prospects of success.
Court Disposition
appeal struck out
Orders
- The appeal is struck out pursuant to rule 8(3)(c) as having no reasonable prospects of success.
Full Case Text
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