England and Wales Case Law

Paul Allan Jones v Registrar of Approved Driving Instructors

The appellant's conduct, specifically sending inappropriate and sexual text messages to a pupil and engaging in unprofessional behaviour, fell short of the high standards required of an Approved Driving Instructor. The Tribunal found that the Registrar had established, on the balance of probabilities, that the appellant was not a fit and proper person to remain on the Register, and the appellant's personal circumstances did not mitigate the seriousness of the misconduct.

Source excerpt

• Professional misconduct
• Fitness to practice
• Driving instructor registration
• Public confidence
• Tribunal powers

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Shervin Sameni Fallah v The Information Commissioner

The Tribunal struck out an application under section 166 DPA 2018, holding it lacked jurisdiction because the Commissioner had already given an outcome and the challenge was substantive.

• Subject access request
• Procedural jurisdiction
• Tribunal powers
• Section 166 dpa 2018
• Information commissioner's discretion
• Data-protection

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Sandra Bruno v The Information Commissioner

The Tribunal struck out Ms Bruno’s appeal, holding it had no jurisdiction under section 166 DPA 2018 to revisit the substance of the Information Commissioner’s outcome.

• Subject access request
• Procedural jurisdiction
• Tribunal powers
• Gdpr compliance
• Data-protection
• Subject-access-request

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Paul Haines v Registrar for Approved Driving Instructors

The tribunal allowed Paul Haines’s appeal against refusal of a third trainee driving-instructor licence and extended the licence for six months.

• Driving instructor licensing
• Trainee licence refusal
• Tribunal powers
• Health and fitness to instruct
• Driving-instructor-licensing
• Trainee-licence

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Victor Frances v The Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA 2018 to grant the outcomes sought, as the Information Commissioner provided an outcome and took appropriate procedural steps. Section 166 is limited to procedural failings, not substantive review. The application is out of time and has no reasonable prospect of success.

Source excerpt

• Procedural jurisdiction
• Section 166 dpa 2018
• Tribunal powers
• Gdpr complaints

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Lee Stratford Parson v The Information Commissioner

The Tribunal lacks jurisdiction because the Information Commissioner provided an outcome to the complaint and took all appropriate procedural steps; section 166 DPA 2018 does not empower the Tribunal to review the substantive outcome or direct further investigation.

Source excerpt

• Procedural jurisdiction
• Section 166 dpa 2018
• Uk gdpr compliance
• Tribunal powers

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Ameel Gray v The Information Commissioner

The Tribunal struck out an information rights application because the ICO had already issued an outcome and section 166 DPA 2018 does not permit merits review.

• Procedural jurisdiction
• Subject access request
• Data rectification
• Tribunal powers
• Information-rights
• Data-protection

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AN v St Andrew’s Healthcare & Anor

The Upper Tribunal held that AN’s detention was not unlawful and that a reconvened tribunal could revisit the mental disorder finding before making a final discharge decision.

• Conditional discharge
• Mental disorder
• Unlawful detention
• Tribunal powers
• Article 5 echr
• Conditional-discharge

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D Hooper v The Information Commissioner

The First-tier Tribunal struck out an information rights appeal, holding that section 166 DPA 2018 is procedural only and the Commissioner had already provided an outcome.

• Subject access request
• Procedural jurisdiction
• Data sharing
• Tribunal powers
• Data-protection
• Information-rights

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David Phillips v Information Commissioner

The Tribunal has no jurisdiction under section 166 DPA to consider the merits or substantive outcome of the Applicant's complaint; the only power is to address procedural failings, which have now been remedied. There is no reasonable prospect of the case succeeding.

Source excerpt

• Section 166 data protection act 2018
• Procedural jurisdiction
• Tribunal powers
• Article 16 gdpr

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