Form

Guidance for appellants completing a notice of appeal (form FTC5)

Updated 20 November 2020

Before you start

Form FTC5 is for any person who wishes to file a notice of appeal with the Upper Tribunal disputing a decision issued by the Secretary of State or the Trade Remedies Authority in respect of which the Upper Tribunal has jurisdiction pursuant to Regulation 16 of The Trade Remedies (Reconsideration and Appeals (EU Exit) Regulations 2019 (“the Regulations”)).

The Tribunal is part of HM Courts and Tribunals Service, an executive agency of the Ministry of Justice and is totally independent of the Secretary of State or the Trade Remedies Authority.

No fees are charged by the tribunal. More information on tribunal procedures can be found on the appeal to the Upper Tribunal page.

Form FTC5 should be sent to the Upper Tribunal office so that it is received no later than 28 days after the date of the decision. If you are late, you must explain why in Part D of the form.

Part A - About the type of decision being referred

Please specify by ticking the appropriate box, whether you are making an appeal against a decision of the Secretary of State or the Trade Remedies Authority. We refer to this person and body as the respondent.

Part B – About the appellant

You must specify if the respondent’s decision is addressed to you or, if it is not addressed to you, if you are an interested party (as defined in the regulations) in relation to the decision.

The word appellant is used to describe a person who is making an appeal to the Upper Tribunal. Give the full name of the appellant along with all their contact details.

If the appellant is a corporation, please give the address of its registered or principal office.

A representative is someone who is helping the appellant, dealing with the correspondence and representing them at any hearing. If you have a representative, you should give their details in the boxes provided in this section, including their status (such as solicitor, accountant, consultant). The Upper Tribunal office will then correspond only with your representative.

You must tell the tribunal if you do not have a representative and provide your address for service in the UK if it is different from the address you provided above.

Please notify the tribunal immediately if the address changes.

Part C – About the decision

Please provide the date of the decision and the respondent’s reference number. Please also identify the type of decision being referred. A list of all types of decisions is to be found in schedules 1 and 2 of the regulations.

Part D – Reasons for any delay

Your completed notice of appeal notice should reach the Upper Tribunal no later than the date of expiry of the time limit identified to you by the respondent in accordance with the regulations, or if the decision is one where no such notification was required, one month after the date the respondent sent you the notice of the decision.

If your notice to the Upper Tribunal is late, you must show a good reason for the Upper Tribunal to accept your notice. Late notices will only be admitted if the Upper Tribunal considers that it is in the interests of justice to do so. In any event you must explain the delay. The Upper Tribunal may take into account the length of the delay, and other matters such as the amount of money at stake and the potential importance of the case so you can also mention these as reasons. Use the box provided on the form or a separate sheet of paper if necessary. If you use a separate piece of paper, make sure it has your full name on it and attach it to the form.

Part E – Reasons for making the appeal to the Upper Tribunal

You should use this space to state the issues you wish the tribunal to consider and to explain why you are referring the respondent’s decision to the Upper Tribunal. This will include the reasons why you believe the respondent’s decision to be wrong. You should, if possible, also say what you think the decision should have been. You may use a separate piece of paper if you wish, but you must ensure your full name is marked on the additional sheet and that it is attached to the form.

Part F – Supplementary applications to the Upper Tribunal

The applicant may also make an application for directions. If you wish to make a supplementary application please give details. Examples of such applications would be an application for confidentiality or for a direction that any import duty the appellant has to pay pursuant to the decision need not be paid pending determination of the appeal on grounds of hardship.

Part G – Statement of Truth and representative authorisation

You must sign the form to confirm that the contents of the form are true to the best of your knowledge. Even if you have a representative, the applicant must sign the form personally in Part G. Your signature will also be taken as authority for the representative named in Part B to act for you. The only exception to this rule is where the representative is a solicitor. A solicitor is presumed to be acting on instructions and may sign the form on behalf of the applicant.

Sending Form FTC5 to the Upper Tribunal

Keep these notes in a safe place so that you have a record of the address of the relevant Upper Tribunal office.

Send Form FTC5, and the documents listed at the end of the form, to the appropriate Upper Tribunal Office within one month allowed (see the notes to Part D above). If you are late, you can still send in your form but you must explain the delay in Part D of the form.

All references to the Tax and Chancery Chamber of the Upper Tribunal must be sent to the address below:

The Upper Tribunal (Tax and Chancery Chamber)
Fifth Floor
Rolls Building
Fetter Lane
London
EC4A 1NL

You must enclose a copy of the decision you are referring. Otherwise, your application or appeal may be delayed or may not be admitted.

Contact the office if you are not told within a week that the form has been received.

Please note you must also send a copy of the appeal notice to the respondent.