Mark Jervis v The Information Commissioner
[2023] UKFTT 208 (GRC)
Berivan Toprak Yildirim v Council for Licensed Conveyancers
12 January 2024
[2023] UKFTT 1088 (GRC)
First-tier Tribunal
Someone was refused a licence to be a conveyancer. They appealed to the wrong court based on a mistake on a government website. The court said it couldn't help because the appeal should have gone somewhere else, and incorrect website information can't give a court power to hear a case.
Key Facts
- •The Council for Licensed Conveyancers (CLC) refused Berivan Toprak Yildirim's application to become a Licensed Conveyancer.
- •Yildirim appealed to the First-tier Tribunal (General Regulatory Chamber).
- •The CLC argued the Tribunal lacked jurisdiction to hear the appeal.
- •The gov.uk website contained incorrect information suggesting a right of appeal to the Tribunal.
- •The correct appeal route was to the Discipline and Appeals Committee under section 29(1) of the Administration of Justice Act 1985.
Legal Principles
A tribunal only has jurisdiction if conferred by statute.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 8(2)(a)
Incorrect government website guidance cannot confer jurisdiction on a tribunal.
None explicitly stated, but implied throughout the decision
The correct procedure for appealing a CLC licensing decision is governed by section 29(1) of the Administration of Justice Act 1985, not the Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011.
Administration of Justice Act 1985, section 29(1); Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011
Outcomes
The appeal was struck out for lack of jurisdiction.
The Tribunal lacked jurisdiction to hear the appeal as no statute conferred a right of appeal to the Tribunal. The correct appeal route was to the Discipline and Appeals Committee under section 29(1) of the Administration of Justice Act 1985.