Nash v Information Commissioner [2025] UKFTT 1236 (GRC) (21 October 2025)

Nash v Information Commissioner [2025] UKFTT 1236 (GRC) (21 October 2025)

The Tribunal has no jurisdiction under section 166(2) DPA 2018 because the Information Commissioner provided an outcome to the Applicant's complaint and took all appropriate procedural steps. The Tribunal's powers are limited to procedural matters and do not extend to reviewing the substantive outcome or ordering disclosure by the data controller. There is no reasonable prospect of the application succeeding as the relief sought is outside the Tribunal's powers.

Citation
[2025] UKFTT 1236 (GRC)
Parties
Applicant: Raymond A. Nash; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
21 October 2025
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights / Strike Out Application Decided Without a Hearing
Outcome
Application struck out for lack of jurisdiction and no reasonable prospect of success.
Legal Topics
Data Subject Access Requests, Legal Professional Privilege, Tribunal Jurisdiction, Procedural Requirements Under DPA 2018
Data Protection Information Rights Administrative Law Data Subject Access Requests Legal Professional Privilege Tribunal Jurisdiction Procedural Requirements Under DPA 2018

Case Brief

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Parties

Raymond A. Nash

Applicant

The Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166(2) of the Data Protection Act 2018 to order further steps by the Information Commissioner
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps in handling the Applicant's complaint
  3. 3 Whether the Tribunal can consider the substantive outcome of the complaint or only procedural compliance

Ratio Decidendi

The Tribunal has no jurisdiction under section 166(2) DPA 2018 because the Information Commissioner provided an outcome to the Applicant's complaint and took all appropriate procedural steps. The Tribunal's powers are limited to procedural matters and do not extend to reviewing the substantive outcome or ordering disclosure by the data controller. There is no reasonable prospect of the application succeeding as the relief sought is outside the Tribunal's powers.

Court Disposition

Application struck out for lack of jurisdiction and no reasonable prospect of success.

Orders

  • The Application is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to deal with it.
  • The Application is struck out under Rule 8(3)(a) because there is no reasonable prospect of it succeeding.