Puchooa v Information Commissioner: [2024] UKUT 290 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 14 September 2024
Read the full decision in .
Judicial Summary
This appeal is about the requirement to give adequate reasons for a decision to strike out proceedings where the proceedings are struck out on the basis that they have no reasonable prospect of success. I allow the appeal, set the strike out decision aside, and remit the strike out application to be reheard by the First-tier Tribunal.
I say that the reasons for a rule 8(3)(c) strike out decision must grapple with the higher standard of “no reasonable prospect of success” and, while it was permissible to place reliance on the submissions made on behalf of the Information Commissioner, it was incumbent on the First-tier Tribunal to indicate why it preferred the Information Commissioner’s submissions.