190219 Permission to Appeal Refused EA/2018/0088

19/02/2019
Appeal number: EA/2018/0088

FIRST-TIER TRIBUNAL

GENERAL REGULATORY CHAMBER INFORMATION RIGHTS

Between:

PHILIP SWIFT OBO CLAIMS MANAGEMENT & ADJUSTING LTD. Appellant

and

THE INFORMATION COMMISSIONER First Respondent

and

HIGHWAYS ENGLAND COMPANY LTD. Second Respondent

Application for Permission to Appeal

TRIBUNAL:

Judge Brian Kennedy QC

Sitting in Chambers on Thursday 19 February 2019

RULING ON APPLICATION FOR PERMISSION TO APPEAL

  • Permission to appeal is refused.

REASONS

Background to Appeal:

  • The Tribunal has received an application to Appeal its decision dated 13 December 2019. The decision relates to an appeal brought under section 57 of the Freedom of Information Act 2000 (“FOIA”). It related to an appeal against the

Decision of the Information Commissioner (“the Commissioner”) contained in a Decision Notice dated 28 March 2018 (reference FS50703446).

The Application for Permission to Appeal

  • I have considered in accordance with rule 44 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 whether to review the Tribunal’s Decision but have decided not to undertake a review, as I am not satisfied that there was an error of law in the Decision.
  • Appeals from the First-tier Tribunal to the Upper Tribunal can only be made if there is an arguable error of law in the First-tier Tribunal’s decision. Rule 42 of the Tribunal’s Rules requires a person requesting permission to appeal to identify an alleged error of law in their application for permission to appeal.  It is not possible to appeal simply because you do not agree with the Tribunal’s decision.
  • I have considered whether the grounds of appeal identified above are This means that there must be a realistic (as opposed to fanciful) prospect of success – see Lord Woolf MR in Smith v Cosworth Casting Processes Ltd [1997] 1 WLR 1538. I have concluded that the grounds are not arguable for the following reasons;
  • The Applicant makes clear in their application that they disagree with the Tribunal’s decision and seek to reargue issues of fact and judgment.  These were for the Tribunal to decide and their conclusions have been explained to the standard required by law.
  • Accordingly, I must now refuse permission to appeal.
  1. The Applicant is entitled to renew his application to the Upper Tribunal. (Signed)

Brian Kennedy QC                                                            DATE: 19 February 2019

JUDGE