Stephen Donkin v Sunderland City Council
[2024] UKFTT 727 (GRC)
Simon Boyce v Hertsmere Borough Council
13 August 2024
[2024] UKFTT 733 (GRC)
First-tier Tribunal
Someone tried to get a council in trouble for not following a decision, but the court said there wasn't enough evidence and threw the case out.
Key Facts
- •Application to certify contempt by Simon Boyce against Hertsmere Borough Council.
- •Case heard in the First-tier Tribunal (General Regulatory Chamber).
- •Previous Order dated 25 July 2024.
- •Applicant's emails dated 6 August and 24 July 2024.
- •Respondent's submission dated 9 August 2024.
- •Application related to non-compliance with a substituted decision notice.
Legal Principles
Application to certify contempt will be struck out if it has no reasonable prospects of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 8(3)(c)
Applicant must demonstrate non-compliance with the substituted decision notice to a high standard.
Implicit in the Tribunal's reasoning.
Outcomes
Application to certify contempt struck out.
Applicant failed to demonstrate non-compliance with the substituted decision notice to the required standard; the application had no reasonable prospects of success.
Scheduled hearing vacated.
Consequent to the application being struck out.