[2025] UKUT 319 (AAC)

Clearview provided its Response to the ICO’s appeal to the Upper Tribunal on 21 February 2025. Relying on rule 24(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (“the UT Rules 2008"), Clearview raised its four Additional Reasons to support the conclusion that the ICO lacked jurisdiction to issue the Notices.

The ICO objected to Clearview being allowed to raise the Additional Reasons, on the basis that they effectively constituted a cross-appeal, and Clearview had not sought permission to cross-appeal within the relevant timescales.

In directions dated 30 March 2025, Upper Tribunal Judge Church, one of the three members of the three-judge Upper Tribunal panel, made case management directions that, in essence, treated Clearview as having sought permission to cross-appeal to the extent that such permission was needed, extended time for the application, waived any irregularity in connection with the application and granted Clearview permission to raise the Additional Reasons arguments. Upper Tribunal Judge Church reasoned that there was a strong public interest in the Upper Tribunal considering the proper interpretation, and application, of Article 3 of the GDPR and the UK GDPR.