Greenwood v ICO and Commissioner of the Metropolitan Police: [2025] UKUT 076 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 28-February 2025
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Judicial Summary
This decision is about the consent of the First-tier Tribunal (FTT) to allow an appellant to withdraw its case under rule 17 of the General Regulatory Chamber (GRC) Rules. It decides: (i) withdrawing an appellant’s case under rule 17(1) includes withdrawing the appeal, and therefore where consent is given for this to occur the proceedings come to an end; (ii) the FTT’s consent to an appeal being withdrawn is a decision disposing of the proceedings and therefore rule 32(1) of the GRC Rules required the FTT to hold an oral hearing before making such a decision as each party had not consented to the matter being determined without a hearing, and the FT had materially erred in law in not holding such a hearing; and (iii) the FTT had materially erred in law in coming to its consent decision in failing to have any adequate regard to the ICO’s (as well as Mr Greenwood’s) reasons for not agreeing to the Met Police withdrawing its appeal.