Steven Edward Burton v Information Commissioner: [2024] UKUT 134 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 3 May 2024.
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Judicial Summary
Freedom of Information Act 2000 - section 14 - appellant鈥檚 information request found to be 鈥渧exatious鈥� in Information Commissioner鈥檚 decision notice - First-tier Tribunal (FTT) struck out appellant鈥檚 appeal on basis of no reasonable prospects of success - reason given by FTT was that appellant鈥檚 appeal grounds did not engage FTT鈥檚 jurisdiction per section 58(1) - Held: FTT had not done justice to appellant鈥檚 appeal grounds - in alleging that costs were a 鈥渄rop in the ocean鈥� for public authority, the grounds did allege that the Information Commissioner鈥檚 information notice鈥檚 s14 holistic determination was 鈥渨rong鈥� per section 58(1) in finding cost burden 鈥済rossly oppressive鈥� - error of law for FTT to have considered that appellant鈥檚 grounds of appeal did not challenge decision notice鈥檚 s14 analysis - FTT decision set aside - decision remade, refusing strike-out, as appellant鈥檚 鈥渄rop in the ocean鈥� argument (as articulated in legal terms, as was proper for an 鈥渆nabling鈥� tribunal) had realistic, rather than fanciful, prospect of success.