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The Court of Appeal has confirmed that the requirement for a civil penalty notice to state the reason why a person was liable to it did not necessitate citing the specific statutory sub-section relevant to the circumstances in order for the penalty notice to be valid.

The Court of Appeal has confirmed that the requirement for a civil penalty notice to state the reason why a person was liable to it did not necessitate citing the specific statutory sub-section relevant to the circumstances in order for the penalty notice to be valid. 

 

On 11 November 2024, the Court of Appeal handed down judgment in the case of Akbars Restaurant (Middlesbrough) Limited v The Secretary of State for the Home Department [2024] EWCA Civ 1387. The leading judgment, given by Lord Justice Zacaroli, found that the language in s.15(6)(a) of the Immigration Asylum and Nationality Act 2006 was general and non-prescriptive, and that it must be seen in light of the statutory scheme as a whole. The Court also found that an appeal against the imposition of a penalty notice, which was to be determined as a rehearing, was not restricted to consider only if the penalty could be imposed because of the reason due to which it was originally issued, but could also consider other reasons upon which it might have been imposed.

 

Iulia Saran was instructed by the Government Legal Department as junior counsel to advise and represent the Secretary of State.

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