[2024] UKUT 132 (AAC)

The hearing of the operator’s appeal was listed to begin at 2 p.m. By 2:10 p.m. no representative of the operator had arrived at the venue. The Upper Tribunal’s clerk rang the telephone contact number provided by the operator, but the call went unanswered. The clerk rang again at 2:20 p.m. but, again, to no avail. To date, the operator has not contacted the Upper Tribunal to explain why no representative attended a hearing which the operator had itself requested.

Rule 38 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides as follows:

“If a party fails to attend a hearing, the Upper Tribunal may proceed with the hearing if the Upper Tribunal—

(a)

is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b)

considers that it is in the interests of justice to proceed with the hearing.”

We are satisfied that the operator was duly notified of the hearing. Indeed, the operator’s director had informed the Upper Tribunal that the director intended to attend the hearing. Given the absence of any explanation for the operator’s failure to attend and that the operator, which is a commercial entity and thus responsible for securing its own interests, had a reasonable opportunity to put its case in writing, we considered it to be in the interests of justice to hear this appeal in the absence of a representative for the operator.