FT/EA/2025/0203/GDPR - [2025] UKFTT 01313 (GRC)

The Commissioner applied for the Application to be struck out pursuant to Rule 8(3)(c) on the grounds that the Application has no reasonable prospect of success.

Form GCR5 submitted by the Commissioner referred also to a potential strike out of the Application on the grounds that the Tribunal has no jurisdiction to consider the Application. However, the Commissioner’s supporting grounds did not address that, and did not refer to Rule 8(2)(a), and I therefore find that the Commissioner was not seeking to strike out the Application on the basis of the Tribunal not having jurisdiction.

The Commissioner argued that the Application has no reasonable prospect of success, on the basis that an outcome to the Complaint has been provided by the Commissioner and consequently there is no reasonable prospect of persuading the Tribunal to make an order under section 166(2).

Case law has established the principles to be followed by the Tribunal when considering whether to strike out a case as having no reasonable prospect of success. In essence, the Tribunal must consider whether there is a realistic, as opposed to a fanciful (in the sense of it being entirely without substance), prospect of the case succeeding at a full hearing.