Hendy v Information Commissioner & Animal and Plant Health Agency
| Jurisdiction | UK Non-devolved |
| Judge | Judge |
| Neutral Citation | [2021] UKUT 308 (AAC) |
| Subject Matter | Information rights - Freedom of Information - exceptions,Mitchell,E |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 15 December 2021 |
Hendy v Information Commissioner & Animal and Plant Health Agency
[2021] UKUT 306 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. GIA/938/2020
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Information Rights)
Between:
Mr David Hendy
Appellant
- v –
The Information Commissioner
First Respondent
The Animal & Plant Health Agency (an executive agency of the Department for
Environment, Food and Rural Affairs)
Second Respondent
Before: Upper Tribunal Judge Mitchell
Decided on consideration of the papers.
Representation:
- The Appellant in person.
- For the First Respondent, the Information Commissioner’s Legal Department.
- For the Second Respondent, Holly Stout, of counsel, instructed by the
Government Legal Department.
Hendy v Information Commissioner & Animal and Plant Health Agency
[2021] UKUT 306 (AAC)
Case no: GIA/938/2020
2
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal, taken on 14 May 2020 (case no. EA/2019/0295P) involved an error
on a point of law. Under section 12(1) of the Tribunals, Courts and Enforcement Act
2007, the Upper Tribunal sets aside the First-tier Tribunals decision. Under section
12(2) of the 2007 Act, the Upper Tribunal remits to the First-tier Tribunal for re-
determination Mr Hendy’s appeal against the Information Commissioner’s decision
notice of 22 July 2019, which found that the Appellant’s request for information was
vexatious, in accordance with the following directions:
1. The appeal is to be determined by a differently constituted First-tier Tribunal.
2. If any party wishes to request that the First-tier Tribunal conducts a hearing before
determining the Appellant Mr Hendy’s appeal, the party’s written request is to be
received by the First-tier Tribunal within one month of the date on which this
decision is issued.
Direction 2 may be varied by direction of the First-tier Tribunal.
REASONS FOR DECISION
Definitions
1. In these reasons:
- “APHA” means the Animal and Plant Health Agency, an executive agency of
DEFRA. Generally, these reasons refer to the second Respondent as APHA
but this should be read as including DEFRA since, technically, DEFRA is the
relevant public authority under FOIA;
- “DEFRA” means the Department for Environment, Food and Rural Affairs;
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