Steven Edward Burton v Information Commissioner: [2024] UKUT 134 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 3 May 2024.
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Judicial Summary
Freedom of Information Act 2000 - section 14 - appellant’s information request found to be “vexatious” in Information Commissioner’s decision notice - First-tier Tribunal (FTT) struck out appellant’s appeal on basis of no reasonable prospects of success - reason given by FTT was that appellant’s appeal grounds did not engage FTT’s jurisdiction per section 58(1) - Held: FTT had not done justice to appellant’s appeal grounds - in alleging that costs were a “drop in the ocean” for public authority, the grounds did allege that the Information Commissioner’s information notice’s s14 holistic determination was “wrong” per section 58(1) in finding cost burden “grossly oppressive” - error of law for FTT to have considered that appellant’s grounds of appeal did not challenge decision notice’s s14 analysis - FTT decision set aside - decision remade, refusing strike-out, as appellant’s “drop in the ocean” argument (as articulated in legal terms, as was proper for an “enabling” tribunal) had realistic, rather than fanciful, prospect of success.