[2025] UKUT 319 (AAC)

rules 5(3)(d) and 33 of the UT Rules 2008 provide expressly for the Upper Tribunal to permit a person who is not a party to take specific steps in respect of an appeal (including making written and / or oral submissions), and the UT Rules 2008 do not prevent a person, who is not a party, intervening in proceedings before the Upper Tribunal with its permission;

the correct approach to apply towards an application to intervene was explained by Upper Tribunal Judge Wikeley in his determination of an application by a potential intervenor in Information Commissioner v Experian Limited (UA-2023-000512-GIA) at paragraphs 4-5;

the overriding objective favoured allowing Privacy International to intervene because the scope of the proceedings had been expanded to cover the issue of territorial jurisdiction. Upper Tribunal Judge Church was persuaded that Privacy International had special expertise and experience in this area which would complement, rather than duplicate, the ICO’s expertise as the regulator of information rights in the UK and would be likely to assist the Upper Tribunal’s understanding of the issues; and

the overriding objective also favoured allowing the intervention given the limited nature of Privacy International’s proposed intervention, which was proportionate to the importance of the case, the complexity of the issues, the anticipated cost and the resources of the parties.