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]
>
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-- 
Francis Davey

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