Hart v Information Commissioner [2025] UKFTT 38 (GRC) (15 January 2025)

Hart v Information Commissioner [2025] UKFTT 38 (GRC) (15 January 2025)

The Tribunal has no jurisdiction to reinstate or progress appeals/applications under section 166 DPA 2018 where the Information Commissioner has already provided an outcome, nor to review or overturn the merits of the Commissioner's decisions. Applications made after an outcome or seeking to regulate the Commissioner's investigation must be struck out as having no reasonable prospect of success.

Citation
[2025] UKFTT 38 (GRC)
Parties
Appellant: Christopher Hart; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
15 January 2025
Procedural Posture
Appeal (information Rights) / Application to Reinstate Appeals/applications After Stay Lapsed; Consideration of Strike Out and Reinstatement
Outcome
Partially allowed; most appeals/applications struck out, two appeals reinstated, other applications refused or dismissed.
Legal Topics
Section 166 Data Protection Act 2018, FOIA Appeals, Tribunal Jurisdiction, Strike Out Applications, Judicial Review
Data Protection Freedom of Information Administrative Law Section 166 Data Protection Act 2018 FOIA Appeals Tribunal Jurisdiction Strike Out Applications Judicial Review

Case Brief

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Parties

Christopher Hart

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal (information Rights) / Application to Reinstate Appeals/applications After Stay Lapsed; Consideration of Strike Out and Reinstatement

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to reinstate appeals/applications after a stay has lapsed and no application to lift the stay was made
  2. 2 Whether appeals/applications under section 166 DPA 2018 can proceed after the Information Commissioner has issued an outcome
  3. 3 Whether the Tribunal can review or overturn the merits of the Information Commissioner's outcome

Ratio Decidendi

The Tribunal has no jurisdiction to reinstate or progress appeals/applications under section 166 DPA 2018 where the Information Commissioner has already provided an outcome, nor to review or overturn the merits of the Commissioner's decisions. Applications made after an outcome or seeking to regulate the Commissioner's investigation must be struck out as having no reasonable prospect of success.

Court Disposition

Partially allowed; most appeals/applications struck out, two appeals reinstated, other applications refused or dismissed.

Orders

  • Appeals EA.2018.0239.GDPR, EA.2018.0240.GDPR, EA.2019.0022.GDPR, EA.2019.0023.GDPR, EA.2019.0033.GDPR, EA.2021.0130.GDPR, EA.2022.0206.GDPR, and EA.2022.0420.GDPR are not reinstated and are struck out under Rule 8(2)(a).
  • Appeal EA.2021.0144 is not reinstated and is struck out; separate decision notice provided.