Shipton v Information Commissioner and Dorset County Council: [2023] UKUT 170 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 12 July 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 8 August 2023

• Categories: Information rights, Tribunal procedure and practice
• Sub-categories: Information rights - Information rights: practice and procedure, Tribunal procedure and practice - fair hearing, Tribunal procedure and practice - tribunal membership and procedure
• Judges: Wikeley, N
• Decision date: 12 July 2023

Read the full decision in UA-2023-000048-GIA.

Judicial Summary

Freedom of information appeal - Composition of First-tier Tribunal - Judge and 2 specialist members held first hearing which was abortive and adjourned - Judge and one member held further effective and final all day hearing - Other specialist member unable to attend final hearing - Absent panel member made privy to Cloud Video Platform recording of final hearing and rejoined First-tier Tribunal at later date for deliberations - Parties agreed to this procedure - Whether process consistent with Tribunals, Courts and Enforcement Act 2007 Sched 4 para 15(6) - Whether breach of natural justice - Whether party’s consent voluntary, informed and unequivocal - R (on the application of Hill) v Institute of Chartered Accountants [2013] EWCA Civ 555 considered

Published 8 August 2023