Stephen Campbell v HM Treasury

1. The Tribunal promulgated its decision on 23 rd October 2023.

2. The Applicant has made an application to the Tribunal to certify a contempt on 29 th January 2024.

3. The dispute appears to be about the nature of the searches and which depositories were searched for the Word document that is sought by the Applicant.

4. The hearing date of 18 th September 2024 was notified to parties on 4 th September 2024 but was subsequently adjourned due to the unavailability of the Respondent’s counsel.

5. Directions dated 16 th April 2024 were sent to parties on 18 th April 2024 which allowed the Appellant to reply to the Respondent’s response and required the Appellant to produce a bundle of documents. The Respondent responded on 16 th May 2024 and so any reply was due on 30 th May 2024. The bundle was required on 13 th June 2024. For reference the direction provided as follows - By 5pm on the date 28 days after the date on which the response is sent to them the Applicant will provide with an electronic copy of a single bundle of documents consecutively paginated and indexed. The bundle shall be sent to the Tribunal and to the Respondent in PDF format. The bundle will include ONLY the following documents a. The applications b. The submissions of the parties in this application, not in the original case, that includes the response directed above and any reply c. The Tribunal’s case management directions in these applications such as this document d. Any case law or guidance to be relied upon by any party e. Any witness statements f. The following documents i. The decision notice in EA/2022/0358 ii. Any correspondence or document sent to Mr Campbell by HM Treasury since the promulgation of the decision in EA/2022/0358 iii. Any correspondence or document sent by Mr Campbell to HM Treasury since the promulgation of the decision in EA/2022/0358 concerning that decision iv. Any correspondence or document sent to the Information Commissioner by either party since the promulgation of the decision in EA/2022/0358 concerning compliance with the decision. g. If any party wishes to include documentation that predates the promulgation of the decision in EA/2022/0358 these should be the subject of a specific application to the Tribunal to explain why they are relevant.

6. Further directions dated 10 th July 2024 were sent to parties on 15 th July 2024 which at para 7 provided - I require the Applicant to remedy his failure to comply with direction 6 of the directions dated 16 April 2024 [set out above for ease of reference] and to explain the reasons for the delay. He must do so within 7 days of the issue of these directions. Warning to Mr Campbell – Pursuant to rule 8(1). These proceedings will automatically be struck out (without further notification to you) if you fail to comply with this direction to remedy your failure to comply.

7. That direction required compliance by 22 nd July 2024 and has not been complied with, even as at today’s date. As such, the appeal has been struck out without any further Order being made by the Tribunal.

8. The Tribunal notes the Appellant’s objections to the appeal being struck out but this was the automatic consequence of the Judge’s order which has still not been complied with. He neither complied with nor appealed that Order and remains in default. It is ORDERED that:

9. The hearing on 17 th October 2024 is vacated and the appeal is marked as struck out on 22 nd July 2024. This Order merely confirms what has already occurred as reminded by the Respondent. District Judge Moan sitting as a Judge of the First-Tier Tribunal 2 nd October 2024 Promulgated on: 8 October 2024