Caselaw Digest
Caselaw Digest

Joslin Mary Stalin v Leicester City Council

19 November 2024
[2024] UKFTT 1040 (GRC)
First-tier Tribunal
An appeal against a fine was thrown out because the person appealing didn't give the court the right documents, even after being told to do so. The court also said it couldn't hear the case because the right paperwork wasn't there.

Key Facts

  • Appeal against a fixed penalty notice related to a failure to comply with a section 46 notice under the Environmental Protection Act 1990 (EPA).
  • Incomplete appeal: missing husband's notice of appeal and copies of decisions.
  • Appellant failed to respond to tribunal directions to provide missing documents.
  • Tribunal issued further directions, warning of potential strike-out.
  • Appellant still failed to comply with directions.

Legal Principles

Failure to comply with tribunal directions can lead to appeal strike-out.

Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 8(3)(a)

Lack of jurisdiction if the appellant fails to provide a copy of an appealable decision.

Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 8(2)(a), and Environmental Protection Act 1990, section 46C and 46D

Outcomes

Appeal struck out.

Appellant failed to comply with tribunal directions without reasonable excuse.

Appeal struck out.

Appellant failed to provide a copy of an appealable decision (final notice under section 46C of the EPA), meaning the tribunal lacked jurisdiction.

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