[2023] UKUT 190 (LC)

Fecha: 08-Ago-2023

Conclusions

Disposal

43.

For these reasons I allow the appeal, set aside the decision and remit the matter to the FTT for further consideration. I direct that within 2 months the appellant must file with the FTT and serve on the Council a full statement of the evidence he relies on in support of his case that he did not receive the final notices. When filing that statement he should inform the FTT whether he would like to have the opportunity to give oral evidence. The Council should then say whether it wishes to cross-examine the appellant on his evidence. It will be for the FTT to give any further directions and to determine the form of the hearing, but it should take account of the parties’ preferences when making that decision.

Martin Rodger KC

Deputy Chamber President

8 August 2023

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.