Appeal Dismissed Due to Failure to Appear
📌 In brief
The Upper Tribunal dismissed an appeal because the appellants did not show up for the hearing and did not give any reason for their absence or ask the court to make a decision in their absence.
⚖️ Legal holding
An appeal is dismissed if the appellants fail to appear without providing an explanation or requesting determination in their absence.
📖 Technical summary
Appeal dismissed due to non-appearance of appellants.
📜 Headnote Official document
The Upper Tribunal dismissed an appeal because the appellants did not attend the hearing and did not provide an explanation or request determination in their absence.
📚 Full judgment Official document
1
IN THE UPPER TRIBUNAL Appeal No. UA-2023-001436-T ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 213 (AAC)
On appeal from the decision of Deputy Traffic Commissioner [NAME] of the East of England [COMPANY] [NAME]
Decision date: 16th July 2024
ON APPEAL FROM:
Tribunal: [NAME], Deputy Traffic Commissioner for the East of England Tribunal Venue: Field House, 15-25 Bream’s [ADDRESS], [POSTCODE] Date: 16th July 2024
DECISION OF THE UPPER TRIBUNAL
Before:
Her Honour Judge Beech, Judge of the Upper Tribunal [NAME], Specialist Member [NAME], Specialist Member
Representation: Appellants failed to appear
DECISION
The appeal is dismissed.
UA-2023-001436-T [2024] UKUT 213 (AAC) 2 REASONS FOR DECISION
1. This is an appeal against the decision of [NAME], the Deputy Traffic Commissioner for the East of England dated 11th September 2023 when he revoked the First Appellant’s restricted operator’s licence under s.26(1)(e),(f) and (h) of the Goods Vehicles (Licencing of Operators) Act 1995 (“1995 Act”) and disqualified both Appellants for a period of 12 months from holding or obtaining any type of operator’s licence in any traffic area and (in the Second Appellant’s case) from being the director of any company holding or obtaining such a licence, pursuant to s.28(1), (4) and (5) of the 1995 Act.
2. By a hearing notice sent on 17th June 2024, both Appellants were informed of the date and time of their appeal and a questionnaire was attached for the Appellants to fill in to confirm whether they would be attending the hearing. The questionnaire was not returned to Upper Tribunal. On 10th July 2024, a further letter was sent to the Appellants to remind them of the hearing date and time. No response was received from them.
3. The hearing date and time was 16th July 2024 at 10.30. The Appellants did not appear. As a result, the clerk of the Tribunal rang the contact telephone number given for the Second Appellant three times. There was no answer. An email was sent by [NAME] to the First Appellant’s email address which was not acknowledged or responded to.
4. The case was called on at 10.57 at which point the Appellants were not in court and did not respond to the case name being called out in the public area. The Tribunal concluded that the Appellants were not going to attend to pursue their appeals. In the absence of any communication from the Appellants whether in response to the hearing notice or otherwise since the date it was sent and in the absence of any explanation for the Appellants’ failure to appear and in the absence of any request that the Tribunal determine these appeals in the Appellants’ absence, they are dismissed.
Her Honour Judge Beech
Judge of the Upper Tribunal 16th July 2024
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The appellants failed to provide an explanation for their absence.
- The appellants did not request that the tribunal determine the appeals in their absence.
- The appellants did not respond to multiple attempts to contact them before the hearing.
- The appellants did not return the questionnaire confirming their attendance at the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The appeal was dismissed because the appellants did not attend the hearing.
What was the dispute about?
The dispute was about the revocation of a restricted operator's license and disqualification from holding or obtaining any type of operator's license.
How did the court decide, and why?
The court decided to dismiss the appeal because the appellants did not attend the hearing and did not provide any explanation for their absence.
Which laws or rules were applied?
No specific laws or rules were applied as the decision was based on the appellants' failure to appear.
What was the argument that mattered most?
The most important argument was that the appellants did not attend the hearing and did not provide any explanation for their absence.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
If someone fails to attend a hearing and does not provide an explanation for their absence, their appeal will likely be dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.