Freedom of Information Matter not to be Remitted for Re-Hearing before Determination of Non-Conceded Point of Appeal

Mark Tottenham, BL, Decisis

November 13, 2023

Dickie v Information Commissioner [2023] IEHC 585 (High Court (General), Simons J, 1 November 2023)

The High Court refused an application by the Information Commissioner to remit for re-hearing a matter that was under statutory appeal by way of case stated, where the Commissioner had conceded one of two points that had given rise to refusal to order disclosure of certain records held by the Central Bank of Ireland, on the grounds that: (a) the Commissioner had already made a determination on the second point, and the appellant was entitled to proceed with the appeal on that point; and (b) if that point were to succeed on appeal the matter would then be remitted for re-hearing.

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