Sayer v The Information Commissioner & Anor [2023] UKFTT 19 (GRC) (09 January 2023)

The appeal was struck out because the grounds of appeal did not engage the Tribunal’s jurisdiction under s. 57 FOIA and there was no realistic prospect of success.

Citation: [2023] UKFTT 19 (GRC)
Parties: Appellant: Robert Sayer; First Respondent: The Information Commissioner; Second Respondent: The Charity Commission for England and Wales
Jurisdiction: United Kingdom
Judgment Date: 09 January 2023
Procedural Posture: Appeal / Strike Out Application Determined on the Papers
Outcome: Appeal struck out
Legal Topics: Freedom of Information, Strike Out Applications, Tribunal Jurisdiction

Information Rights Administrative Law Freedom of Information Strike Out Applications Tribunal Jurisdiction

Case Brief

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Parties

Robert Sayer

Appellant

The Information Commissioner

First Respondent

The Charity Commission for England and Wales

Second Respondent

Procedural Posture

Appeal / Strike Out Application Determined on the Papers

Legal Issues

1 Whether the appeal had a reasonable prospect of success under rule 8(3)(c) of the Tribunal’s rules
2 Whether the grounds of appeal engaged the Tribunal’s jurisdiction under s. 57 FOIA

Ratio Decidendi

The appeal was struck out because the grounds of appeal did not engage the Tribunal’s jurisdiction under s. 57 FOIA and there was no realistic prospect of success.

Court Disposition

Appeal struck out

Orders

The appeal is struck out under rule 8(3)(c) as having no reasonable prospect of success.
The First Respondent’s Strike Out Application dated 20 June 2022 is allowed.