Kirkham v Information Commissioner: [2018] UKUT 6 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 9 January 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 18 January 2018

• Categories: Information rights, Tribunal procedure and practice
• Sub-categories: Information rights - Information rights: practice and procedure, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wikeley, N
• Decision date: 9 January 2018

Read the full decision in GI/1321/2017.

Judicial Summary

FOIA - appeal transferred from FTT to Upper Tribunal - strike-out application by Information Commissioner - preliminary issue - whether information request made to Senior President of Tribunals or to HMCTS or to a ‘hybrid’ of HMCTS and the judiciary - whether email letter from Information Commissioner’s Office to requester refusing to proceed with consideration of complaint on basis ICO did not have jurisdiction constituted a “decision notice” for purposes of right of appeal to FTT - BBC v Sugar and Fish Legal considered.

Application for permission to apply for Judicial Review refused

Published 18 January 2018