Q&A - Appointment of a Manager & Obstruction of Works

ANSWER

It is frustrating that when orders are disobeyed, they are not readily and easily enforceable.  The First-tier Tribunal’s themselves have no power to deal with contempt of court or any other penal sanction (i.e. fines or imprisonment) for disobeying orders.  In fact they cannot compel enforcement of their orders.  Instead general provision is made for enforcement to be via the County Court through CPR Part 70.5.  Once those procedures are followed, the County Court’s powers can be used to compel compliance.   

Further, under the relatively new Tribunal Procedural Rules the Tribunal are able to transfer matters to the Upper Tribunal (Rule 8) so the Upper Tribunal can exercise its powers under s25 of the Tribunal, Courts and Enforcement Act 2007.  That provides that the Upper Tribunal has the same powers as the High Court to require the attendance of witnesses, the production of documents and ‘all other matters incidental to the Upper Tribunal’s functions’.  Rule 8 is limited to a referral to provide for evidence or documentation, but may in certain circumstances be a useful method of trying to enforce compliance with an order.  “

Daniel Dovar, Barrister at Tanfield Chambers