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Appeal No. UA-2024-001681-GIA
Between:
GREGORY JOSEPH BOSWELL
Appellant
- v -
(1) THE INFORMATION COMMISSIONER
(2) OFFICE FOR NATIONAL STATISTICS
Respondent
Before: Upper Tribunal Judge Stout
Decided on consideration of the papers
Representation:
Appellant: In person
First Respondent: Gemma Garvey, Information Commissioner’s Office
Second Respondent: Joanna Gilbert, Government Legal Department
On appeal from:
Tribunal: First-Tier Tribunal (General Regulatory Chamber)
(Information Rights)
Tribunal Case No: EA/2023/0178
NCN: [2024] UKFTT 00779 (GRC)
Tribunal Venue: By video
Decision Date: 4 September 2024
SUMMARY OF DECISION
INFORMATION RIGHTS: PRACTICE AND PROCEDURE (93.10)
The Upper Tribunal decided that the First-tier Tribunal erred in law: (i) in construing the appellant’s grounds of appeal; and (ii) in refusing the appellant’s amendment application. Case remitted to the same First-tier Tribunal. The appeal was supported by the Information Commissioner.
Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.
DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- Why I am allowing the appeal
- Ground (1) The First-tier Tribunal erred in law in holding that the appeal did not include a challenge to the ICO’s conclusion that DPRs 189 and 190 were requests within the meaning of section 1(1) of
- Ground (3): The First-tier Tribunal erred in law in not allowing the appellant to amend his appeal to include either or both those grounds
- Conclusions