Information Rights & Regulatory
Information Rights & Regulatory judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
First-tier Tribunal Imposes Agreement for Rights Without Hearing
In this case, the First-tier Tribunal decided that an operator could obtain rights over unoccupied land through an agreement imposed by the tribunal due to lack of response from a person. The decision was based on the Electronic Communications Code and relevant regulations.
Freedom of Information Act Appeal Allowed: Upper Tribunal Sets Aside Decision
The Upper Tribunal allowed an appeal against a decision regarding the Freedom of Information Act 2000, finding errors in the application of the public interest test. The case was remitted to the First-tier Tribunal for re-hearing.
Upper Tribunal Allows Appeal Against DBS Barred List Decision
Upper Tribunal Dismisses Operator's Licence Appeal Due to Incomplete Application
The Upper Tribunal dismissed an appeal challenging the refusal of an operator's licence due to incomplete application. The appeal was dismissed because the applicant did not provide all necessary information and met all requirements set by the Act.
Upper Tribunal Overturns Traffic Commissioner's Licence Revocation Due to Error
Upper Tribunal Upholds Licence Revocation and Manager Disqualification
The Upper Tribunal dismissed an appeal where an operator and its managers challenged the Traffic Commissioner's decision to revoke their licence and disqualify them as managers. The Tribunal found that the operator had lost good repute due to serious regulatory breaches, including vehicle maintenance failures and inadequate management oversight.
Upper Tribunal Sets Aside Decision for Lack of Proportionality Assessment
Right to Oral Hearing Upheld in Data Protection Case
Upper Tribunal Upholds Traffic Commissioner's Decision to Revoke License and Disqualify Director
University Found in Contempt of Court for Failure to Disclose Information
Upper Tribunal Upholds Decision to Withhold Information
PSV Licence Revocation Appeal Allowed: Upper Tribunal Sets Aside Commissioner's Decision
The Upper Tribunal allowed an appeal against a Traffic Commissioner's decision to revoke a a person's licence. The Tribunal ruled that the Commissioner made a mistake in interpreting a a person’s report, leading to an incorrect decision to revoke the licence.
First-tier Tribunal Quashes Penalties Due to Notice Ambiguities
A local authority issued financial and monetary penalties against an individual who is also a director of a a person management company. However, the First-tier Tribunal quashed these penalties because the notices were unclear about whether they targeted the individual or their company.
Upper Tribunal Upholds Refusal of Operator's Licence Due to Insufficient Site Capacity
Freedom of Information Act Applies to University Research Centre Evaluations
The Upper Tribunal decided that requests for internal evaluations of university research centres should be handled under the Freedom of Information Act (FOIA), not the Environmental Information Regulations (EIR).
Employment Tribunal Dismisses Discrimination Claims Against SRA
In this case, an individual brought a series of claims against the Solicitors Regulation Authority (SRA) and others for alleged breaches of discrimination laws. The Employment Tribunal dismissed these complaints as having no reasonable chance of proving that the SRA's actions were discriminatory under the Equality Act 2010.
Upper Tribunal Upholds Licence Revocation for Lack of Qualified Transport Manager
The Upper Tribunal upheld the revocation of a transport company's licence because the company failed to designate a qualified transport manager by the deadline, despite multiple warnings.
Upper Tribunal Allows Appeal on Legal Advice Privilege
The Upper Tribunal ruled that confirming or denying whether legal advice was sought on the lawfulness of the 2020 lockdown would reveal a person covered by legal advice privilege, overturning the First-tier Tribunal's decision.