Puchooa v Information Commissioner: [2024] UKUT 290 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 14 September 2024
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Judicial Summary
This appeal is about the requirement to give adequate reasons for a decision to strike out proceedings where the proceedings are struck out on the basis that they have no reasonable prospect of success. I allow the appeal, set the strike out decision aside, and remit the strike out application to be reheard by the First-tier Tribunal.
I say that the reasons for a rule 8(3)(c) strike out decision must grapple with the higher standard of 鈥渘o reasonable prospect of success鈥� and, while it was permissible to place reliance on the submissions made on behalf of the Information Commissioner, it was incumbent on the First-tier Tribunal to indicate why it preferred the Information Commissioner鈥檚 submissions.