First-tier Tribunal (General Regulatory Chamber)

NCN: [2023] UKFTT 303 (GRC)

 Case Reference:  EA/2022/0097

FIRST-TIER TRIBUNAL

GENERAL REGULATORY CHAMBER

INFORMATION RIGHTS

Heard: by determination on the papers

Heard on: 17 March 2023

Decision given on: 17 March 2023

Before: Judge Alison McKenna

RULING on rule 4 (3) Application:

the case management directions of 26 January 2023 stand.

REASONS

1.     On 26 January 2023 the Registrar issued case management directions by which he refused to direct the Second Respondent to answer a series of questions drafted by the Appellant.

2.    By application dated 2 February 2023, the Appellant has asked the Tribunal to reconsider those directions.

3.    I have considered this matter afresh pursuant to rule 4 (3) of the Tribunal’s Rules.  I note that this appeal is shortly to be determined on the papers and that the pleadings stage has now closed. It seems to me that there is a risk that the conclusion of the appeal would be delayed by the unconventional course of action that the Appellant suggests.

4.    It seems to me that it is now appropriate for the matter to proceed to a final determination on the basis of the parties’ written cases.  The trial Judge will be able to consider all matters in the round and will make any further directions that they consider necessary.

5.    Accordingly, I rule that the Registrar’s directions of 26 January must stand.

(signed)                                                                                                   

Judge Alison McKenna                                                                                     Dated 17 March 2023

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