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Conclusions
D.The parties’ submission
The Information Commissioner has supported the appeal and invited the Upper Tribunal to remit the case to the First-tier Tribunal with the suggestion that that tribunal join the Council as a party to the proceedings. The Commissioner submitted:
A case should be struck out if the outcome of the case is “realistically, and for practical purposes, clear and incontestable”: AW v IC and Blackpool CC [2013] UKUT 30 (ACC) at §9.
On review, the Commissioner considers that, by a fine margin, the Appellant’s case read as a whole is not clearly ‘incontestable’. It is on this basis that the Commissioner does not oppose the appeal to the Upper Tribunal. The Commissioner invites the Upper Tribunal to remit the appeal of the Decision Notice to the FtT
Mr Tilson has made a detailed reply. He has commented on the application to strike out his proceedings and on the First-tier Tribunal’s use of the power to strike out. The former is now history, as the Commissioner has conceded that the case should be investigated by the First-tier Tribunal. The latter is a general point. I prefer to limit myself to the circumstances of this case. I accept the Commissioner’s submission that the appeal to the Upper Tribunal should be allowed. That will allow the merits of Mr Tilson’s case to be considered by the First-tier Tribunal.
Authorised for issue | Edward Jacobs |