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• 14 Feb 2022

• Yes

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  Yes. “The application notice must be signed by the applicant and must include—(a) the name and address of the applicant; (b) the name and address of the applicant’s representative (if any); (c) an address where documents for the applicant may be sent or delivered; (d) the name and address of any respondent; (e) details of the decision or act, or failure to decide or act, to which the proceedings relate; (f) the result the applicant is seeking; (g) the grounds on which the applicant relies; and (h) any further information or documents required by an applicable practice direction”: FTT (HESC) Rules 2008 r20(2).

  Failing to comply with the requirements in an application notice in r20(2) may not mean it is invalid - a defective notice can be sufficient to register an appeal. Only where the application notice is so incoherent or lacking in specifics that that it cannot properly be construed as “disclosing an intention to start proceedings”, the FTT may conclude that it is not an application notice at all. In that situation, if the time limit has expired by the time the individual has prepared a valid notice, the individual will face the presumption against admission of a late application notice set out in rule 20(4): KD v Essex CC [2018] UKUT 147 (AAC)#3.

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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