Barikisu Netto v Secretary of State for the Environment, Food and Rural Affairs

The Appellant lodged an appeal form with the Tribunal on 5 June 2025 against a Notice issued by the Respondent under Regulation 5(3)(b) of the Nitrate Pollution Prevention Regulations 2015. The appeal was incomplete because the Appellant did not include a complete copy of the Notice they wished to appeal against or specify the outcome being sought from their appeal.

The Tribunal requested the missing information on 4 July 2025 and gave the Appellant until 18 July 2025 to provide it. When no response was received, the Tribunal issued Case Management Directions dated 26 September 2025 directing the Appellant: (i) to provide a copy of the completed Notice, and (ii) to tell the Tribunal what outcome they seek from the appeal. A period of 7 days from the date of issue of the Directions was given for compliance. The Directions warned that a failure to comply could lead to the striking out of the proceedings without further notification.

It was explained in the Directions that the appeal could not proceed without a complete copy of the Notice being appealed against and details of the outcome sought. Indeed, Rule 22(3) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 states: “If the proceedings challenge a decision, the appellant must [emphasis added] provide with the notice of appeal a copy of any written record of that decision …”. Furthermore, Rule 22(2)(f) states that the notice of appeal must include “the result the appellant is seeking”.

The Appellant has failed to reply. Under Rule 8(3)(a) of the 2009 Rules, the Tribunal may strike out the proceedings if “the appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them”.

As the Appellant has not provided the missing information as directed, the appeal will be struck out for non-compliance with the Tribunal’s directions.