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’s information request found to be “vexatious� in Information Commissioner’s decision notice - First-tier Tribunal (FTT) struck out appellant’s appeal on basis of no reasonable prospects of success - reason given by FTT was that appellant’s appeal grounds did not engage FTT’s jurisdiction per section 58(1) - Held: FTT had not done justice to appellant’s appeal grounds - in alleging that costs were a “drop in the ocean� for public authority, the grounds did allege that the Information Commissioner’s information notice’s s14 holistic determination was “wrong� per section 58(1) in finding cost burden “grossly oppressive� - error of law for FTT to have considered that appellant’s grounds of appeal did not challenge decision notice’s s14 analysis - FTT decision set aside - decision remade, refusing strike-out, as appellant’s “drop in the ocean� argument (as articulated in legal terms, as was proper for an “enabling� tribunal) had realistic, rather than fanciful, prospect of success.