Tribunal Upholds Appellant's Right to Withdraw Appeal in Declan Poole v The Charity Commission for England and Wales

Citation: [2023] UKFTT 1083 (GRC)
Judgment on

Introduction

In examining the case of Declan Poole v The Charity Commission for England and Wales, we delve into the procedural facets surrounding an appellant’s withdrawal of an appeal before the First-tier Tribunal (General Regulatory Chamber) on matters relating to charity regulation. This analysis will elucidate legal principles pertaining to appeal withdrawal within the Tribunal’s jurisdiction, as well as the conditions under which an appeal can be reinstated.

Key Facts

The case involves Mr. Declan Poole, the Appellant, and The Charity Commission for England and Wales, the Respondent. Mr. Poole lodged an appeal against the Respondent, which was listed for a remote hearing on 20 and 21 December 2023. Just before these dates, Mr. Poole, via email, communicated his intention to withdraw the appeal, indicating a change in his objective for the appeal which initially appeared to be directed at correcting misinformation rather than reinstatement as a trustee of the charity, MuffinPug Rescue. The Notice of Appeal initially suggested that Mr. Poole sought to be reinstated as a trustee. The Tribunal consented to the withdrawal in absence of any objection from the Respondent.

The pivotal legal principle applied in this instance arises from Rule 17 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. This rule prescribes the protocol for withdrawal of appeals before the Tribunal. It states that an appellant may withdraw their appeal with the consent of the Tribunal.

The Tribunal acknowledged the appellant’s right to apply for reinstatement of the appeal within 28 days from the date of the Decision. This condition provides a legal avenue for appellants to reconsider their position, ensuring that procedural fairness is upheld and that they are not unduly barred from pursuing their legal rights should new considerations emerge.

Outcomes

The Tribunal, upon receiving notice of Mr. Poole’s intention to withdraw and, noting no objections from the Respondent, consented to the withdrawal of the appeal. Consequently, the legal proceedings concerning the appeal will not be continued unless Mr. Poole exercises his right to apply for reinstatement of the appeal within the stipulated timeframe (28 days from the date of the Decision).

Conclusion

The case of Declan Poole v The Charity Commission for England and Wales is a straightforward instance of procedural compliance with the Tribunal Procedure Rules. The Tribunal’s acceptance of the appellant’s withdrawal demonstrates adherence to the legal provisions allowing for such action. This case underscores the Tribunal’s role in facilitating not only contested hearings but also allowing for the graceful exit of appellants when they choose to discontinue their appeals, ensuring that the justice system remains flexible and responsive to the changing positions of parties involved.

Related Summaries