King v IC [2011) UKFTT EA_2010_0206 (27 May 2011)

King v IC [2011) UKFTT EA_2010_0206 (27 May 2011)

The Tribunal found that no advice of any sort, whether from a professional or non-professional legal adviser, was ever given to or held by the Tribunal regarding the Deputy Chair's order of 3 December 2007. Therefore, the information requested does not exist and the appeal must be dismissed.

Parties
Appellant: Mr M. P. King; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
27 May 2011
Procedural Posture
Appeal Under Freedom of Information Act 2000, S.57 / Final Decision of First Tier Tribunal (general Regulatory Chamber)
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Legal Professional Privilege, Personal Data, Jurisdiction of Tribunal
Information Law Administrative Law Freedom of Information Legal Professional Privilege Personal Data Jurisdiction of Tribunal

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Parties

Mr M. P. King

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal Under Freedom of Information Act 2000, S.57 / Final Decision of First Tier Tribunal (general Regulatory Chamber)

Legal Issues

  1. 1 Whether the Tribunal or Ministry of Justice held advice given by a legal adviser to the Tribunal regarding a specific order under Rule 14(1) of the Information Tribunal (Enforcement Appeals) Rules 2005
  2. 2 Whether such information, if held, would be exempt from disclosure under section 40 of the Freedom of Information Act 2000

Ratio Decidendi

The Tribunal found that no advice of any sort, whether from a professional or non-professional legal adviser, was ever given to or held by the Tribunal regarding the Deputy Chair's order of 3 December 2007. Therefore, the information requested does not exist and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Paragraphs 18-30 of the Commissioner's Decision Notice dated 7 December 2010 are deleted and replaced with: 'The Commissioner is satisfied that the Tribunal has not and has never held the information requested in the Appellant's request.'