[2023] UKUT 132 (AAC)

The parties agreed that “an appeal under s.163 [of the DPA 2018] gives rise to a full merits review of the decision under appeal” (paragraph 35 of the Tribunal’s reasons). The Tribunal said it would “decide whether it would itself reach the same decision [as the Commissioner] based on the evidence now before it” (paragraph 36).

The Tribunal directed itself that, in R (Hope and Glory) Public House Ltd v City of Westminster Magistrates’ Court [2011] EWCA Civ 31, [2011] 3 All ER 579, the Court of Appeal held that “careful attention” should be paid to the decision under appeal, bearing in mind that Parliament had entrusted to the Commissioner responsibility for certain regulatory decisions. However, the weight to be given to the Commissioner’s decision “is a matter of judgment for the Tribunal” (paragraph 37 of the Tribunal’s reasons).