TD v First-tier Tribunal and CICA (CIC): [2019] UKUT 322 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Markus, QC on 21 October 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 27 November 2019

• Categories: Criminal injuries compensation, Tribunal procedure and practice
• Sub-categories: Criminal injuries compensation - other, Tribunal procedure and practice - other
• Judges: Markus, K
• Decision date: 21 October 2019

Read the full decision in JR/2716/2018.

Judicial Summary

The First-tier Tribunal’s decision to strike out an appeal for non-compliance with directions was made in ignorance of the fact that there had been partial compliance. The Upper Tribunal did not remake the strike out decision or remit it to the First-tier Tribunal. The FTT should have considered an application for reinstatement which was likely to have been successful. In the light of that and the delay which had occurred, the fair way of proceeding was for the FTT to progress and determine the appeal.

Published 27 November 2019