Q:

12.18 Do parties have to comply with directions issued by the FTT?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
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  • 14 Feb 2022
  • Yes

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    Yes. Where a party does not comply the FTT may make an order including waiving the requirement, requiring the failure to be remedied, and striking out a party’s case: FTT (HESC) Rules 2008 r7.

    The FTT can make directions which provide for automatic barring in the event of non-compliance (often known as an ‘unless order’): FTT (HESC) Rules 2008 r8(2). If a party is barred (i.e. prevented from taking part in the appeal) they can request reinstatement with an application within 28 days after the date on which the FTT sent them notification of the barring (r8(6)-(7)).

    However an unless order has to be clear, and cannot be conditional – for example, an order which only bars a party in the event it fails to comply “without reasonable explanation” is not automatic because it requires an assessment of any explanation: LB Enfield v NH and anor (SEN) [2019] UKUT 1 (AAC) #13.

    More: Can the FTT ‘strike out’ an appeal?

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    Noddy 'no-nonsense' Guide

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

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