Jurisdiction(s):
United Kingdom

Absent or unrepresented appellants: Court of Appeal (England and Wales) on Upper Tribunal powers, inherent jurisdiction, notice, adjournment and interests of justice (Leave.EU v Information Commissioner)

Published on: 16 February 2022

Published by a LexisNexis Dispute Resolution expert

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Article summary

Leave.EU Group Ltd and another v Information Commissioner [2022] EWCA Civ 109 What are the practical implications of this case?

This decision distils the key considerations a court will weigh when deciding how to handle an appeal where one party is absent. In relation to appeals originating in the Upper Tribunal, it delivers a detailed examination of the scope of the Court of Appeal’s powers under the Tribunal Procedure (Upper Tribunal) Rules 2008 (TP(UT) Rules 2008), SI 2008/2698, and then tests whether the applicable thresholds are met on the facts, including whether the hearing was duly notified and whether proceeding serves the interests of justice. For appeals that do not come from the Upper Tribunal, the judgment confirms the court’s inherent jurisdiction to continue with an appeal despite a party’s non‑attendance. Finally, practitioners will welcome the court’s remarks on the ramifications of adjourning in this setting, notably the knock‑on consequences for other court users when the Court of Appeal’s limited sitting time must be carefully managed...

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