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

After receipt of the Commissioner’s response to the Application and his associated strike out application, the Tribunal issued a Case Management Order dated 13 October 2025, requiring the Applicant to provide his submissions in respect of the strike out application. The Case Management Order stated that it was not fair or just to consider the strike out application without having heard from the Applicant in response to it.

Pursuant to the Case Management Order, the Applicant subsequently provided his submissions in respect of the strike out application.

The Applicant wrongly interpreted the Case Management Order as “recognition that the Section 166 application raises substantive procedural adequacy questions warranting full examination”. He also incorrectly considered that the Case Management Order “directly contradicts the Respondent's position that the appeal has "no reasonable prospects of success”” and that the Tribunal had accordingly determined that the Application merited a full hearing.

The Case Management Order was, in fact, merely seeking the Applicant’s submissions on the Commissioner’s application to strike out the Application. This was a matter of procedural fairness and reflects Rule 8(4).