Dr T Cutler v Information Commissioner & Anor - 12.04.2024
Case- Case number
- [2024] UKUT 119 (AAC)
- Country
- United Kingdom
- Case Description
The case concerned an appeal relating to a Freedom of Information Act 2000 (FOIA) request addressed to the Equality and Human Rights Commission (EHRC) following its report on antisemitism in the Labour Party. The antisemitism-related core arose from questions about the EHRC’s treatment of evidence concerning alleged antisemitic comments and whether a passage in its report reflected a drafting error or a factual finding. The Upper Tribunal held that the appellant’s communication did not constitute a valid “request for information” within the meaning of s. 8(1)(c) FOIA, as it sought clarification, opinion, or reconsideration rather than recorded information held by the authority. Although the First-tier Tribunal had erred procedurally by striking out the appeal on a ground not raised by the parties, the Upper Tribunal re-made the decision and struck out the appeal because it had no reasonable prospect of success. Freedom of Information Act 2000, ss. 1(1), 8(1); Tribunals, Courts and Enforcement Act 2007, s. 12; Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, r. 8(3)(c), 8(4).
- Name of Court
- Upper Tribunal (Adminstrative Appeals Chamber)
- Date of decision
- Apr 12, 2024
- Subjects
- Conspiracy Theories
- Discrimination
- Type of Court
- Court of Appeal
- Area of Law
- Administrative Law
- Year
- 2024
- Generated ID
- THH4303-2361
- Source
- National Archives