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England and Wales decisions
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The Tribunal struck out Marcel Bard’s section 166 application against the Information Commissioner, finding it had no reasonable prospect of success.
The Tribunal struck out Debbie Deboo’s section 166 DPA 2018 application, holding the Commissioner had already given an outcome and the Tribunal lacked jurisdiction.
The Tribunal struck out Mr McGrath’s section 166 DPA 2018 application, finding the Information Commissioner had already provided an outcome and no further action was required.
The First-tier Tribunal struck out Andrew Samuel Feldman’s information rights appeal for failing to comply with directions requiring complaint documents.
The Tribunal dismissed John Parker’s information rights appeal, holding that the withheld documents were personal data exempt under FOIA section 40(2), and that the alleged document fabrication point was outside its jurisdiction.
There is no abuse of process in the claimants' lawyers formulating particulars of damage using generic or evaluative language, provided each claimant has assented to the pleading and believes in the facts stated. The process adopted, while open to criticism regarding clarity and the use of certain terms, does not justify the draconian remedy of striking out all claims. Any issues as to the accuracy, credibility, or effect of the pleadings are to be addressed by clarification, amendment, or at trial, not by summary disposal.
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Disclosure of the withheld information, except for the number of Muslim candidates recommended in JAC00006, would breach section 40(2) FOIA as it would likely lead to identification of individuals, given the small numbers and public availability of appointment information. Only the information relating to JAC00006 is to be disclosed as the risk of identification is minimal.
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The Tribunal lacks jurisdiction to consider the substantive outcome or conduct of the Commissioner’s investigation under section 166 DPA 2018, as the Commissioner provided procedural outcomes within the statutory timeframe and the Applicant’s challenge concerns the merits and conduct, not procedural failings. There is no reasonable prospect of the appeal succeeding.
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The appeal was struck out because the appellant failed to comply with Tribunal directions to provide the Decision Notice by the specified deadlines.
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The Tribunal found that confirming or denying the existence of correspondence would constitute disclosure of personal data, that Ms Turley had a reasonable expectation of privacy while not in public office, and that any legitimate interest in disclosure was outweighed by her rights and freedoms. The appeal was speculative and unsupported by evidence of misconduct.
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