Introduction
Introduction
It is an appeal by Mr Greenwood, who was the second respondent in the First-tier Tribunal (FTT) proceedings, from the decision made by the FTT on 16 January 2024. By that decision, the FTT consented to the appellant, who in the FTT proceedings was the Commissioner of Police of the Metropolis (“the Met Commissioner” or “the Met Police”), to withdraw his appeal from the FTT. That withdrawal decision was made under rule 17 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 ((“the GRC Rules”).
Permission to appeal to the Upper Tribunal against the FTT’s consent to withdraw the appeal decision was granted to Mr Greenwood by the FTT. The FTT considered that:
“the effect of rule 17 [of the GRC] Rules on a requester, where they are a party to the appeal but are not the appellant and object to withdrawal, is a matter for consideration on an appeal to the Upper Tribunal.”
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on16 January 2024under case numberEA/2023/0340was made in error of law and is set aside
- Introduction
- Relevant factual background
- The FTT’s Consent to Withdraw Decision
- “DECISION
- this document is formal notification of the taking effect of the withdrawal further to rule 17(5) 2009 Rules… Decision on withdrawal
- As regards the lateness of the withdrawal and the absence of an explanation for that lateness
- Relevant law Section 1 of FOIA provides, subject to immaterial exceptions on this appeal, the core duty under FOIA. It states
- Section 50 of FOIA is about complaints to the Information Commissioner and sets out (insofar as is relevant)
- The parties’ arguments
- Conclusions
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