Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 206 (AAC)

Fecha: 12-Jul-2024

The appeal is allowed

The appeal is allowed.

The decision of the First-tier Tribunal under reference EA/2023/0045, made on 5 July 2023, and striking out the Appellant’s appeal to the First-tier Tribunal, involved the making of an error in point of law.

Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and remake that decision. My remade decision is to refuse to strike out the Appellant’s appeal to the First-tier Tribunal.

REASONS FOR THE DECISION

References in what follows to

“regulations” are to the Environmental Information Regulations 2004 (SI 2004/3391)

the “FTT” are to the First-tier Tribunal

the “FTT decision” are to the FTT decision under reference EA/2023/0045, issued on 5 July 2023 (and made “on the papers”), striking out (under rule 8(3)(c) of the FTT procedure rules) the appeal of the Appellant (“Mrs Farnsworth”) against a decision notice (the “challenged IC decision”) of the Respondent (“IC”) dated 20 December 2022, as having no reasonable prospect of success

numbers in square brackets are to paragraphs of the FTT decision