FT/EA/2025/0305/GDPR - [2025] UKFTT 01312 (GRC)

The Commissioner applied for the Application to be struck out pursuant to Rule 8(3)(c) on the grounds that that the Application has no reasonable prospect of success. The Commissioner filed, as part of his response to the Application, a bundle of evidence as well as his submissions regarding the Application and his associated request for it to be struck out.

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.