Kirkham v Information Commissioner (Recusal and Costs): [2018] UKUT 65 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 1 March 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 14 March 2018

• Categories: Information rights, Tribunal procedure and practice
• Sub-categories: Information rights - Information rights: practice and procedure, Tribunal procedure and practice - costs, Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 1 March 2018

Read the full decision in GI/1321/2017.

Judicial Summary

Information rights - Appeal subject to discretionary transfer from FTT to UT(AAC) under rule 19 of GRC Rules - Appeal struck out by Upper Tribunal on preliminary issue for want of jurisdiction under rule 8 - Subsequent application for costs by losing party - Whether Upper Tribunal Judge should recuse himself - Whether losing party should be awarded costs - Proper forum for determining costs application in a discretionary transfer case

Published 14 March 2018