The Claimant had worked for the Respondent and was dismissed during his initial probationary period. After his dismissal, he was involved in contentious correspondence with the Respondent, and he made a subject access request under the DPA 1998. The Respondent released some information, but the Claimant ultimately brought proceedings in the ET alleging that he had suffered various detriments and that the Respondent had persistently refused to disclose his personal data to him. The ET struck out the claim, and the Claimant appealed on the ground that the ET erred in law by striking out a claim in which the central facts were in dispute and about which all the evidence had not been heard.

The EAT held that the ET's finding that the Claimant had no reasonable prospect of success was not flawed by any error of law, so the appeal would be dismissed.