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4. After rule 5(3) (case management powers) insert—
“(4) The Upper Tribunal may direct that a fast-track case cease to be treated as a fast-track case if—
(a)all the parties consent;
(b)the Upper Tribunal is satisfied that there are exceptional circumstances which suggest that the appeal or application could not be justly determined if it were treated as a fast-track case; or
(c)the Secretary of State for the Home Department has failed to comply with a provision of these Rules or a direction of the First-tier Tribunal or the Upper Tribunal, and the Upper Tribunal is satisfied that the other party would be prejudiced if the appeal or application were treated as a fast-track case.”.
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