This High Court Judgment relates to a preliminary point of law raised by the Information Commissioner, who was served with the papers but not included as a respondent, that the appellants should have named her as a respondent to the appeal of a decision made by her. The judgment was given by Mr. Justice Murphy on 13th January 2004. Mr. Justice Murphy found that the Commissioner was entitled to be a party to the proceedings and was a necessary party.

The appellant initiated an appeal to the Supreme Court but subsequently withdrew both this appeal and the earlier substantive appeal against the Commissioner's decision.