Thackeray v IC & The British Broadcasting Corporation (First-tier Tribunal (GRC) Rules 2009) [2011] UKFTT EA_2011_0035 (GRC) (20 July 2011)

Thackeray v IC & The British Broadcasting Corporation (First-tier Tribunal (GRC) Rules 2009) [2011] UKFTT EA_2011_0035 (GRC) (20 July 2011)

The Notices of Appeal do not comply with Rule 22(2)(a) because the address provided is not the appellant's own address. The Tribunal has discretion under Rule 7(2) but, given the policy and practical reasons for requiring identification of parties in legal proceedings, the Tribunal declines to waive the requirement or admit the appeals without compliance.

Citation
[2011] UKFTT EA_2011_0035 (GRC)
Parties
Appellant: William Thackeray; Respondent: The Information Commissioner; Second Respondent: The British Broadcasting Corporation
Jurisdiction
United Kingdom
Judgment Date
20 July 2011
Procedural Posture
Appeal Under Freedom of Information Act 2000, Section 57 / Ruling on Validity of Notices of Appeal Under Rule 22(2) of Tribunal Procedure Rules
Outcome
Notices of Appeal not admitted; appeals ruled invalid.
Legal Topics
Freedom of Information, Tribunal Procedure, Jurisdictional Requirements, Personal Data Protection
Administrative Law Information Law Freedom of Information Tribunal Procedure Jurisdictional Requirements Personal Data Protection

Case Brief

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Parties

William Thackeray

Appellant

The Information Commissioner

Respondent

The British Broadcasting Corporation

Second Respondent

Procedural Posture

Appeal Under Freedom of Information Act 2000, Section 57 / Ruling on Validity of Notices of Appeal Under Rule 22(2) of Tribunal Procedure Rules

Legal Issues

  1. 1 Whether the Appellant's Notices of Appeal comply with Rule 22(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
  2. 2 Whether non-compliance with Rule 22(2)(a) renders the Notices of Appeal invalid or subject to Tribunal discretion under Rule 7(2)

Ratio Decidendi

The Notices of Appeal do not comply with Rule 22(2)(a) because the address provided is not the appellant's own address. The Tribunal has discretion under Rule 7(2) but, given the policy and practical reasons for requiring identification of parties in legal proceedings, the Tribunal declines to waive the requirement or admit the appeals without compliance.

Court Disposition

Notices of Appeal not admitted; appeals ruled invalid.

Orders

  • The Notices of Appeal are not valid and should not be admitted.