Navaratne The Information Commissioner [2023] UKFTT 263 (GRC) (07 March 2023)

Navaratne The Information Commissioner [2023] UKFTT 263 (GRC) (07 March 2023)

The Tribunal struck out the appeal because the appellant had not allowed the statutory period for the Information Commissioner to consider the complaint to elapse, and therefore there was no reasonable prospect of the appeal succeeding.

Citation
[2023] UKFTT 263 (GRC)
Parties
Appellant: Kushara Navaratne; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
07 March 2023
Procedural Posture
Appeal / Strike Out Application
Outcome
appeal struck out
Legal Topics
Data Protection Act 2018, GDPR, Tribunal Jurisdiction, Strike Out Applications
Data Protection Information Rights Data Protection Act 2018 GDPR Tribunal Jurisdiction Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Kushara Navaratne

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the appeal under section 166 of the Data Protection Act 2018
  2. 2 Whether the appellant's case has a reasonable prospect of success

Ratio Decidendi

The Tribunal struck out the appeal because the appellant had not allowed the statutory period for the Information Commissioner to consider the complaint to elapse, and therefore there was no reasonable prospect of the appeal succeeding.

Court Disposition

appeal struck out

Orders

  • Proceedings struck out pursuant to rule 8(3)(c) of the GRC Rules