Michael, The Information Tribunal (now FTT (IR)) is unusually a tribunal I *haven't* appeared in front of. However this odd situation - where the original applicant ends up not being a party to an appeal - used to happen a lot (and still does to some extent) in statutory reviews of tribunals that have no specific route of appeal.
I suspect that as a non-party you will not be able properly to participate in proceedings and, hence, will find the experience unsatisfactory. If the costs risk is low and there is a right of joinder, I'd suggest you ask to be joined as a party. Your interest is undoubted and you can take points the ICO might not be willing to. Francis 2012/3/27 Michael Bimmler <[email protected]>: > Dear all, > > I wonder whether someone with practical experience can tell me about this: > > I have a case (http://www.whatdotheyknow.com/request/big_society) where the > ICO has issued a Decision Notice (FS50390437) against the Arts & Humanities > Research Council (AHRC), requiring it to disclose certain records. > > The AHRC have emailed me today to say that they have submitted an appeal to > the First-tier Tribunal (Information Rights), as of course they are entitled > to do so. > > Now, I am aware that under the Tribunal's Rules of Procedure I (and indeed > anyone) can make an application to be joined as additional party to the > proceedings. However, on the tribunal website, there are also informal > references to the fact that the Tribunal can join additional parties (e.g. > the public authority if the original requester appeals, or the original > requester if the public authority appeals), *either on its own motion or > upon their request*. > > Does anyone have any clues as to how / when the Tribunal decides to join an > original requester / ICO complainant to the appeal on its own motion? Also, > am I supposed to receive an official letter from the Tribunal, saying "The > AHRC has submitted a Notice of Appeal - this is our case number xxx/yyyy. If > you want to be joined as Additional Party, you need to return the enclosed > form"? > > Or is the burden on me to simply write to the Tribunal right now, saying "I > heard that the AHRC submitted a Notice of Appeal yesterday, could you please > join me to the proceedings?" > > Last, but perhaps most importantly, do people have recommendations on > whether it's worth the trouble to seek to become an additional party? My > instincts tell me to do so, not least because it would allow me to see what > the Information Commissioner argues, and as an Additional Party I could then > make further submissions if I believe that the IC's response omits something > (one never knows) or if I feel I have pertinent points to make in response > to the AHRC's submissions. Also, given that the Tribunal rarely awards > costs, there would not be much risk for me in doing so. On the other hand, I > guess the case could also be made that I should just sit back and watch AHRC > and ICO play it out - but if I understand correctly, that would then prevent > me from ever joining the proceedings again (i.e. if it goes to the Upper > Tribunal or even beyond), I could never become "reinvolved"(?). > > Many thanks in advance for all help and guidance... > > Michael > > -- > Michael Bimmler > > UK address: > Merton College > University of Oxford > Oxford OX1 4JD > United Kingdom > +44 1865 280 000 extension 21828 > +44 7824 181 743 > [email protected] > > Switzerland address: > Zuerichstrasse 119 > 8700 Kuesnacht (Zurich) > Switzerland > +41 44 912 20 18 > +41 79 864 88 18 > [email protected] > > _______________________________________________ > developers-public mailing list > [email protected] > https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public > > Unsubscribe: > https://secure.mysociety.org/admin/lists/mailman/options/developers-public/fjmd1a%40gmail.com -- Francis Davey _______________________________________________ developers-public mailing list [email protected] https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public Unsubscribe: https://secure.mysociety.org/admin/lists/mailman/options/developers-public/archive%40mail-archive.com
