[2024] UKUT 105 (AAC)

The FTT (Upper Tribunal Judge Rintoul, Tribunal Judge Griffin and Tribunal Member Grimley Evans) heard extensive evidence and submissions over six days (17, 19-21 & 31 January 2022 & 11 February 2022), with the hearing bundles running to several thousands of pages, supplemented by skeleton arguments and closing submissions which in themselves ran to several hundred pages. Experian’s witnesses were Ms Shearman (senior product manager), Mr Bendon (product director), Mr Cresswell (data protection and privacy lead), Mr Grieves (managing director of UK marketing services business) and Mr Parker (economist and expert witness). The Commissioner’s witnesses were Mr Hulme (director of regulatory assurance) and Mr Reynolds (economist and expert witness). After the conclusion of the evidence and at the request of the FTT, the parties provided a Schedule of agreed and disputed facts.

Although the parties made their closing submissions on 11 February 2022, the FTT’s decision was not signed off until just over a year later on 17 February 2023 and promulgated on 20 February 2023. No apology or explanation was evident on the face of the FTT’s decision for this lengthy and most regrettable delay.