Tribunal strikes out appeal in licensing dispute

Tribunal strikes out appeal in licensing dispute

The First-tier Tribunal (General Regulatory Chamber) has struck out an appeal brought by Derhyce Gill-Randino against Luton Borough Council, citing procedural non-compliance. The decision, handed down by Tribunal Judge Findlay, underscores the importance of adhering to tribunal directions and procedural rules.

The appellant, Derhyce Gill-Randino, lodged an appeal on 8 May 2024 using the GRC1 form. However, the appeal was incomplete as it did not include a copy of the decision being challenged, a requirement under Rule 22(3) of the Tribunal Procedure Rules. This rule mandates that appellants must provide a written record of the decision they are appealing, along with any statements of reasons, if available.

In response to the incomplete submission, the Tribunal issued Case Management Directions on 30 July 2024, instructing the appellant to provide the necessary decision documentation by 14 August 2024. The appellant failed to comply with this directive.

Further directions were issued on 15 October 2024, reiterating the requirement to submit the decision documentation by 29 October 2024. The directions clarified that the decision was likely contained in a letter sent to the appellant. The Tribunal warned that failure to comply would result in the appeal being struck out, with no further directions issued.

Despite these clear instructions, the appellant did not provide the required documentation. An email dated 30 July 2024 from the appellant indicated confusion about the requirements, but the Tribunal was satisfied that the directions issued on 15 October 2024 were sufficiently clear.

Judge Findlay concluded that there were grounds to strike out the proceedings due to the appellant's failure to comply with the Tribunal's directions. The decision was made under Rule 8(3)(a) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, which allows for proceedings to be struck out if an appellant fails to comply with a direction.

The Tribunal's decision highlights the critical nature of procedural compliance in tribunal proceedings. It serves as a reminder to appellants of the necessity to adhere strictly to procedural rules and directions to avoid jeopardising their appeals.

The appellant retains the right to apply for reinstatement of the proceedings under Rules 8(5) and (6) of the Rules. Such an application must be submitted in writing and received by the Tribunal within 28 days of the decision's issuance.

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