Posted by: John Brace | 22nd October 2019

What are the most recent judicial decisions in Upper Tribunal (Administrative Appeals Chamber) case GIA/619/2019?

What are the most recent judicial decisions in Upper Tribunal (Administrative Appeals Chamber) case GIA/619/2019?

                                   

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the First-tier Tribunal hearing

Last month I quoted from the permission to appeal given to myself in March 2019 by Upper Tribunal Judge Nicholas Wikeley on two grounds. As a final decision is yet to be reached and the matter is sub judice comments are turned off.

Accompanying that permission to appeal decision were the following case management directions.



CASE MANAGEMENT DIRECTIONS

1. The parties are as set out at the head of this ruling.

2. The Upper Tribunal office is to issue the parties with two bundles:

(I) The main bundle comprises the Applicant’s application in GIA/619/2019 with associated annexes. All further submissions and directions will be added to this bundle sequentially. The Upper Tribunal office has the sole responsibility for organising the main bundle and paginating it.
 
(II) The supplementary bundle comprises a selection prepare from the much larger bundle in the now withdrawn application GIA/2503/2017 and represents the key documents in the case. The bundle is complete for present purposes and is provided as context to GIA/619/2019.
 

3. The parties must keep to the following sequence.

4. First, the First Respondent (the Information Commissioner) is asked to provide a Response to the Appeal within one month of the date on which this notice is sent to the parties. The Response should include an indication as to whether the Commissioner seeks an oral hearing of the appeal.

5. Second, the Second Respondent (MFRA) is asked to provide a Response to the Appeal within one month of the date on which the First Respondent’s Response is sent to it.

6. Third, the Appellant is asked to provide a Reply to the Response within one month of the date on which the last such Response is sent to him.

7. Further case management directions will follow as necessary.

Signed on the original
Nicholas Wikeley
Judge of the Upper Tribunal
 
(Dated) 26 March 2019


Following these case management directions the Information Commissioner (First Respondent) asked for an extension of time (which was granted by the Registrar on 14 May 2019).


(Royal coat of arms of the United Kingdom with “Dieu et mon droit” motto)

THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)

Upper Tribunal Case No: GIA/619/2019 (Brace)

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007, SECTION 11 TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

RULING

An extension of time for observations by 1st Respondent is granted to 31 May 2019.

A Kerr


Registrar of the Upper Tribunal (AAC)


14 May 2019

A Registrar is a lawyer authorised to deal with certain procedural aspects of the case. If you are dissatisfied with this ruling you are entitled to request a Judge of the Upper Tribunal to consider it and confirm or replace with his/her own. Any such request should be made in writing within 14 days of the date of issue.


The parties then made their submissions to the appeal and the following decision was made dated 6th September 2019 to deal with the appeal on the papers.



(Royal coat of arms of the United Kingdom with “Dieu et mon droit” motto)

Appeal No. GIA/619/2019
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER

THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

Applicant: Mr John Michael Brace
1st Respondent: The Information Commissioner
2nd Respondent: Merseyside Fire & Rescue Authority
Tribunal: First-tier Tribunal (Information Rights)
Tribunal Case No: EA/2016/0054
Tribunal Venue: not known
Hearing Date: 21 September 2016

RULING

I do not consider it appropriate for the appeal to be dealt with at an oral hearing, as I consider that it can be properly determined on the papers.

This determination is made under section 11 of the Tribunals, Courts and Enforcement Act 2007 and rules 2, 21, 22 and 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

REASONS

All parties have now made their written submissions. The issues are narrow and well-defined. Bearing in mind the overriding objective, there is no need for an Upper Tribunal oral hearing. Accordingly, submissions in these proceedings are now closed and the appeal will take its place in the “queue” of cases for the Judge to decide. It is not possible to give a time estimate as to when the decision will be ready for issue.

(Signed on the original)
Nicholas Wikeley
Judge of the Upper Tribunal
 
(Dated) 6 September 2019


If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.


Categories