[2024] UKUT 44 (AAC)

‘An application has been made to the Upper Tribunal requesting the decision of the TRU - viz Robert Bell’s repute- also be appealed. Subject to a decision of the Upper Tribunal, this skeleton argument will proceed on the basis that the application has been granted and there are two Appellants – Robert Bell and Bell Transport (as the partnership). Ground of appeal one will deal with Robert Bell’s repute. Grounds two and three relate to Bell Transport.’

I note that there is no date of receipt on the appeal notice;

I am assuming that this appeal has not been registered on the system as, otherwise, it would have been picked up by the administrative support staff;

The appeal is late and interlocutory action will have to be taken to determine whether it can be admitted;

If admitted, rule 23(6) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (‘the 2008 Rules’) provides that it must then be sent to the Respondent;

Paragraph 3 of Schedule 1 to the 2008 Rules states that on receipt of a copy of a notice of appeal under rule 23(6)(b), the decision maker must send to the Upper Tribunal a copy (and, on request, further copies) of (a)a written record of the decision appealed against and reasons for the decision; (b)all documents produced to the decision maker in connection with the decision;

The decision maker may wish to added as a party to the proceedings; and

All of the documentation would then have to be sent to the members of the tribunal.

The appeal in connection with Mr Robert Bell alone is to be processed in the usual manner in the office of the UT (AAC);

As noted above, the appeal is late and interlocutory action will have to be taken to determine whether it can be admitted;

If admitted then the steps set out in paragraph 8(v) and (vi) are to be carried out;

If admitted the appeal in connection with Mr Robert Bell alone should be listed for oral hearing together with the appeal with reference UA-2021-000275-NT;

The appeal with reference UA-2021-000275-NT, and, if admitted, the appeal in respect of Mr Robert Bell alone, should be re-listed before the Upper Tribunal Judge and Members who were due to sit on 31 March 2023.

‘The appeal of this specific decision is, by quite some margin, out of time.

However, there are three reasons why the Appellant respectfully requests that time is extended to permit its consideration.

First, on the appeal papers which the Upper Tribunal has sight of in relation to UA-2021-000275-NT, the issues which are raised in relation to Robert Bell's repute, are already substantially addressed. The question of Robert Bell's repute is inseparably bound up in the decision currently under appeal in relation to the partnership operator's licence (ON2002503). On this reading, it is arguably not a question of making an application to extend time, but a request for further documents from the TRU.

Secondly, and similar to the above, the Upper Tribunal is already substantively seized of the question of Robert Bell's repute. To formally include its consideration, the Upper Tribunal will not be burdened with considerable documentation at short notice. Instead, there are three letters which the Upper Tribunal will need to have sight of before making such a determination.

Thirdly, the formal inclusion of Robert Bell's repute is necessary for the Upper Tribunal to adequately and fully dispose of the appeal of UA-2021-00275-NT.’

For the reasons I set out above, I exercise my discretion in the Appellant’s favour. I extend time and grant permission to admit the Appellant’s appeal.

I make the following directions:

Rule 23(6) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (‘the 2008 Rules’) provides that the notice of appeal must be sent to the Respondent, as the decision maker;

Paragraph 3 of Schedule 1 to the 2008 Rules states that on receipt of a copy of a notice of appeal under rule 23(6)(b), the decision maker must send to the Upper Tribunal a copy (and, on request, further copies) of (a)a written record of the decision appealed against and reasons for the decision; (b)all documents produced to the decision maker in connection with the decision;

The Respondent may wish to be added as a party to the proceedings; and

This appeal should be re-listed together with the appeal in decision which is under appeal to the Upper Tribunal with reference UA-2021-000275-NT and before the Upper Tribunal Judge and Members who were due to sit on 31 March 2023.