Reeves v Information Commissioner [2023] UKFTT 353 (GRC) (06 April 2023)
The appeal raises a triable issue as to whether regulation 6(1)(b) EIRs is engaged by requests for photographs of different resolution, and therefore the matter is fit to proceed to a hearing; the strike out application is refused.
Source-derived case information.
- Citation
- [2023] UKFTT 353 (GRC)
- Parties
- Appellant: Malcolm Reeves; First Respondent: The Information Commissioner
- Jurisdiction
- United Kingdom
- Judgment Date
- 06 April 2023
- Procedural Posture
- Appeal / Strike Out Application Determination
- Outcome
- Strike out application refused; appeal to proceed to hearing.
- Legal Topics
- Environmental Information Regulations, Strike Out Applications, Tribunal Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malcolm Reeves
Appellant
The Information Commissioner
First Respondent
Procedural Posture
Appeal / Strike Out Application Determination
Legal Issues
- 1 Whether the appeal should be struck out for having no reasonable prospects of success
- 2 Whether regulation 6(1)(b) EIRs applies to requests for higher resolution photographs
Ratio Decidendi
The appeal raises a triable issue as to whether regulation 6(1)(b) EIRs is engaged by requests for photographs of different resolution, and therefore the matter is fit to proceed to a hearing; the strike out application is refused.
Court Disposition
Strike out application refused; appeal to proceed to hearing.
Orders
- The Respondent's application for strike out is refused.
- The matter is to proceed to a hearing.
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