First-tier Tribunal (General Regulatory Chamber)

NCN [2025] UKFTT 406 (GRC)

Case Reference: FT/EA/2025/0077

First-tier Tribunal

(General Regulatory Chamber)

Information Rights

Decided without a hearing

Heard on: 3 April 2025

Decision given on: 4 April 2025

Before

 

JUDGE SAWARD

 

Between

 

ANTON VENTER

Appellant

and

 

INFORMATION COMMISSIONER

Respondent

Decision: The application to reinstate the appeal is refused.

 

 

REASONS

 

1.               By email sent on 13 February 2025, the Appellant gave notice of withdrawal of their appeal. The Tribunal consented to the appeal being withdrawn on                                    14 February 2025.

2.               An application to reinstate the appeal was made on 3 March 2025, being within the 28-day period stipulated in Rule 17(4) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009) ("the 2009 Rules"). However, the original GRC1 appeal form dated 6 February 2025 was incomplete.

3.               The Tribunal notified the Appellant by email sent on 13 February 2025 that the appeal failed to meet the requirements of the 2009 Rules. In particular, the following information was missing:

(i)                 a copy of the decision being appealed against, and any statement of reasons for that decision that the Appellant has or can reasonably obtain, as required by Rule 22(3); and

(ii)              the name and address of any Respondent (both email and postal address), under Rule 26(2)(d).

4.               The accompanying Case Management Directions of 13 February 2025 required the Appellant to send another Notice of Appeal that includes everything required within 28 days. The requisite information remains missing.

5.               The Directions further stated that if the appeal is resubmitted after the original time limit to appeal has expired (i.e. within 28 days of the date that the decision being appealed was sent), then it will be treated as late. This means that an explanation would be required of why the appeal is late, including any supporting evidence, before the Tribunal will consider if the appeal is accepted.

6.               It would serve no purpose to reinstate the incomplete appeal when the Appellant had already been directed that another Notice of Appeal would need to be submitted with the information outlined above before any further consideration could be given to the appeal.

 

 

 

 

Signed:   Judge Saward     

Date:      3 April 2025