Case Reference: FT/D/2024/0919
Information Rights
Heard: on the papers in Chambers
Decision given on:03 February 2025
Before
TRIBUNAL JUDGE HAZEL OLIVER
Between
KILE NOORANI
Appellant
and
DRIVING AND VEHICLE STANDARDS AGENCY
Respondent
Decision:
1. The proceedings are struck out under Rule 8(3)(a) for failure to comply with a direction which stated that failure to comply could lead to the striking out of the proceedings.
REASONS
The Appellant lodged an appeal on 29 October 2024 indicating they wished to challenge a decision of the Respondent dated 16 October 2024.
The Tribunal sent an email to the Appellant dated 19 November 2024 informing them that the appeal failed to meet the requirements of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the Rules”). The email explained that Rule 22(3) of the Rules provides that the Appellant must provide with the notice of appeal a copy of any written record of the decision the Appellant wishes to challenge and any statement of reasons for that decision that the Appellant has or can reasonably obtain.
The Appellant failed to provide a copy of the decision against which they wish to appeal.
On 13 January 2025, Judge Findlay directed the Appellant to provide a copy of the decision they seek to challenge no later than 24 January 2025. The directions stated, “If the Appellant fails to comply with this direction the proceedings will be struck out without further reference to the Appellant under rule 8(3)(a) of the Rules”.
On 25 January 2025 the Appellant emailed the Tribunal stating that they still wished to appeal the decision and explaining why. They did not provide a copy of the decision they wish to challenge.
Under Rule 8(3)(a), 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”.
The Appellant failed to comply with Judge Findlay’s direction, having been warned that this could lead to the proceedings being struck out. Although they did send an email to the Tribunal, this was a day late and still did not provide a copy of the decision. It is necessary for the Tribunal to have a copy of the relevant decision to proceed with the appeal. The Appellant has been given two further opportunities to provide this by the Tribunal. In all the circumstances, it is appropriate to strike out the proceedings under Rule 8(3)(a).
Signed: Judge Hazel Oliver
Date: 31 January 2025