Kelly -v- The Information Commissioner [2014] IEHC 479 (07 October 2014)

Kelly -v- The Information Commissioner [2014] IEHC 479 (07 October 2014)

The Information Commissioner was entitled to discontinue the reviews as vexatious under s.34(9)(a)(i) of the Freedom of Information Acts, having regard to the appellant's pattern of conduct and the context of ongoing, unsuccessful litigation. The High Court has no jurisdiction to entertain a statutory appeal against such a discontinuance, as it is not a substantive decision following a full review within the meaning of s.42. Any complaints about procedural fairness or the process adopted are properly addressed by judicial review, not statutory appeal.

Citation
[2014] IEHC 479
Parties
Appellant: Patrick Kelly; Respondent: The Information Commissioner
Jurisdiction
Ireland
Judgment Date
07 October 2014
Procedural Posture
Statutory Appeal Under the Freedom of Information Acts 1997 2003 / High Court Appeal Against Decision to Discontinue Reviews as Frivolous or Vexatious
Outcome
Appeal dismissed for want of jurisdiction.
Legal Topics
Frivolous or Vexatious Applications, Right of Access to Information, Judicial Review, Statutory Interpretation
Administrative Law Freedom of Information Frivolous or Vexatious Applications Right of Access to Information Judicial Review Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Patrick Kelly

Appellant

The Information Commissioner

Respondent

Procedural Posture

Statutory Appeal Under the Freedom of Information Acts 1997 2003 / High Court Appeal Against Decision to Discontinue Reviews as Frivolous or Vexatious

Legal Issues

  1. 1 Whether the Information Commissioner correctly exercised jurisdiction under s.34(9)(a)(i) of the Freedom of Information Acts to discontinue reviews as frivolous or vexatious
  2. 2 Whether the High Court has jurisdiction to hear an appeal against such a decision
  3. 3 Whether the respondent breached the appellant's right to fair procedures by considering submissions from UCD without disclosure to the appellant

Ratio Decidendi

The Information Commissioner was entitled to discontinue the reviews as vexatious under s.34(9)(a)(i) of the Freedom of Information Acts, having regard to the appellant's pattern of conduct and the context of ongoing, unsuccessful litigation. The High Court has no jurisdiction to entertain a statutory appeal against such a discontinuance, as it is not a substantive decision following a full review within the meaning of s.42. Any complaints about procedural fairness or the process adopted are properly addressed by judicial review, not statutory appeal.

Court Disposition

Appeal dismissed for want of jurisdiction.

Orders

  • Appeal dismissed.
  • Relief seeking order for publication on respondent's website refused.