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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
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.
The Upper Tribunal gives the decision the First-tier Tribunal ought to have given. That remade decision is to refuse to consent to the Commissioner of the Police for the Metropolis withdrawing his appeal from the First-tier Tribunal. It will now be for the First-tier Tribunal to give directions for the onward progress of that appeal.
This decision is made under section 12(1), 12(2)(a) and 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
REASONS FOR DECISION
What this appeal is about
This appeal in a nutshell is about the correct legal basis on which a First-tier Tribunal may consent to an appeal before it being withdrawn and whether it needs to hold a hearing before consenting to the appeal being withdrawn.
- 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