Herman v Information Commissioner and the Chief Constable of Kent Police
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wright |
| Neutral Citation | [2023] UKUT 240 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 30 October 2023 |
| Subject Matter | Tribunal procedure,practice - set aside applications,Wright,S |
Herman v Information Commissioner and Chief Constable of Kent Police
[2023] UKUT 240 (AAC)
1
IN THE UPPER TRIBUNAL UT ref: UA-2022-001544-GIA
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (General Regulatory Chamber) (Information Rights)
Between: Mr Christian Herman Appellant
- v –
The Information Commissioner First Respondent
and
The Chief Constable of Kent Police Second Respondent
Before: Upper Tribunal Judge Wright
Decision date: 22 September 2023
Decided on consideration of the papers and written arguments.
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decisions of the
First-tier Tribunal dated 17 October 2017 and 31 August 2022 under case number
EA/2017/0100 both involved the making of material errors of law. Under section
12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 I set aside the
First-tier Tribunal’s decision of 31 August 2022 not to set aside its decision of 17
October 2017 and remake that decision. My remade decision is to set aside the First-
tier Tribunal’s decision of 17 October 2017 under rule 41 of the Tribunal Procedure
(First-tier Tribunal) (General Regulatory Chamber) Rules 2009. Given this, and in
these circumstances, there is no need for me to separately set aside the First-tier
Tribunals decision of 17 October 2017 under section 12(2)(a) of the Tribunals, Courts
and Enforcement Act 2007.
REASONS FOR DECISION
1. This appeal was heard by the First-tier Tribunal (“the tribunal”) at Snaresbrook
Crown Court as long ago as 11 October 2017 and was decided on 17 October 2017.
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