Cutler v The Information Commissioner & The Equality and Human Rights Commission: [2024] UKUT 119 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 12 April 2024.
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Judicial Summary
The First-tier Tribunal acted in breach of natural justice by allowing a strike out application on a ground introduced by the tribunal, on which the Appellant바카라 사이트™s representations had not been sought. The Upper Tribunal redecided the First-tier Tribunal바카라 사이트™s decision rather than remitting the case to that tribunal. The Upper Tribunal held that the Appellant바카라 사이트™s appeal did not have a reasonable prospect of success and struck out the proceedings under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The Appellant바카라 사이트™s communication with the Equality and Human Rights Commission about their 2020 report Investigation into Antisemitism in the Labour Party expressed the Appellant바카라 사이트™s personal opinions, sought to generate information (by asking how the report should be interpreted), and asked for the EHRC바카라 사이트™s opinion on whether a particular organisation was part of the Jewish community. What the communication did not do was request information held by the EHRC. In the absence of a request for information, within the meaning of the Freedom of Information Act 2000, the appeal to the First-tier Tribunal could not succeed.