Farnsworth v Information Commissioner: [2024] UKUT 206 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 12 July 2024.
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Judicial Summary
Environmental Information Regulations 2014 - exceptions to the duty to disclose - regulation 12(4)(d) - material in the course of completion etc - First-tier Tribunal struck out appellant’s appeal under rule 8(3)(c) (no realistic prospects of success) - appellant was litigant in person - appellant’s grounds did not articulate how Information Commissioner’s decision was legally wrong but appellant’s legal case was reasonably evident from the accompanying papers - the true issue was whether a report by third party consultants to the council (on a planning application) was an unfinished document or not - Held: the appeal did engage the jurisdiction of the tribunal and had realistic, rather than fanciful, prospect of success - First-tier Tribunal’s decision on application to strike out set aside and remade - strike out refused.