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The Tribunal Procedure (Upper Tribunal) Rules 2008

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  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement, application and interpretation

    2. 2.Overriding objective and parties' obligation to co-operate with the Upper Tribunal

    3. 3.Alternative dispute resolution and arbitration

  3. PART 2 General powers and provisions

    1. 4.Delegation to staff

    2. 5.Case management powers

    3. 5A.Coronavirus temporary rule (decisions without a hearing)

    4. 6.Procedure for applying for and giving directions

    5. 7.Failure to comply with rules etc.

    6. 8.Striking out a party's case

    7. 9.Addition, substitution and removal of parties

    8. 10.Orders for costs

    9. 11.Representatives

    10. 12.Calculating time

    11. 13.Sending and delivery of documents

    12. 14.Use of documents and information

    13. 15.Evidence and submissions

    14. 16.Summoning or citation of witnesses and orders to answer questions or produce documents

    15. 17.Withdrawal

    16. 17A.Appeal treated as abandoned or finally determined in an asylum case or an immigration case

    17. 18.Notice of funding of legal services

    18. 19.Confidentiality in social security and child support cases

    19. 20.Power to pay expenses and allowances

    20. 20A.Procedure for applying for a stay of a decision pending an appeal

  4. PART 3 Procedure for cases in the Upper Tribunal

    1. 21.Application to the Upper Tribunal for permission to appeal

    2. 22.Decision in relation to permission to appeal

    3. 22A.Special procedure for providing notice of a refusal of permission to appeal in an asylum case

    4. 23.Notice of appeal

    5. 24.Response to the notice of appeal

    6. 25.Appellant's reply

    7. 26.References under the Forfeiture Act 1982

    8. 26A.Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal, cases where an offence has been certified and proceedings without notice to a respondent

    9. 26B.Financial services cases and wholesale energy cases

    10. 26C.Financial sanctions cases

  5. PART 4 Judicial review proceedings in the Upper Tribunal

    1. 27.Application of this Part to judicial review proceedings transferred to the Upper Tribunal

    2. 28.Applications for permission to bring judicial review proceedings

    3. 28A.Special provisions for immigration judicial review proceedings

    4. 29.Acknowledgment of service

    5. 30.Decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing

    6. 31.Responses

    7. 32.Applicant seeking to rely on additional grounds

    8. 33.Right to make representations

    9. 33A.Amendments and additional grounds resulting in transfer of proceedings to the High Court in England and Wales

  6. PART 5 Hearings

    1. 34.Decision with or without a hearing

    2. 35.Entitlement to attend a hearing

    3. 36.Notice of hearings

    4. 36A.Special time limits for hearing an appeal in a fast-track case

    5. 37.Public and private hearings

    6. 37A.Coronavirus temporary rule (recording of remote hearings)

    7. 38.Hearings in a party's absence

  7. PART 6 Decisions

    1. 39.Consent orders

    2. 40.Decisions

    3. 40A.Special procedure for providing notice of a decision relating to an asylum case

  8. PART 7 Correcting, setting aside, reviewing and appealing decisions of the Upper Tribunal

    1. 41.Interpretation

    2. 42.Clerical mistakes and accidental slips or omissions

    3. 43.Setting aside a decision which disposes of proceedings

    4. 44.Application for permission to appeal

    5. 45.Upper Tribunal's consideration of application for permission to appeal

    6. 46.Review of a decision

    7. 47. Setting aside a decision in proceedings under the Forfeiture Act 1982

    8. 48.Power to treat an application as a different type of application

  9. Signature

    1. SCHEDULE A1

      Procedure in Quality Contracts Scheme cases

      1. 1.This Schedule applies to quality contracts scheme cases.

      2. 2.Notice of appeal

      3. 3.The appellant must, at the same time as sending its...

      4. 4.The Upper Tribunal must send a copy of the notice...

      5. 5.The Upper Tribunal may, upon receipt of the notice of...

      6. 6.Response to the notice of appeal

      7. 7.The respondent must, at the same time as providing its...

      8. 8.Any directions given by the Upper Tribunal to the respondent...

      9. 9.Appellant’s reply

      10. 10.The appellant must, at the same time as providing its...

      11. 11.The Upper Tribunal must send a copy of the appellant’s...

      12. 12.Any directions given by the Upper Tribunal to the respondent...

      13. 13.Adding further parties

      14. 14.Any application to be added as a party must state—...

      15. 15.The person making the application must provide the following materials...

      16. 16.The Upper Tribunal must notify the parties of any application...

      17. 17.The Upper Tribunal may give further directions relating to any...

    2. SCHEDULE 1

      Procedure after the notice of appeal in road transport cases

      1. 1.This Schedule applies to road transport cases .

      2. 2.The only parties to the appeal are the appellant and...

      3. 3.On receipt of a copy of a notice of appeal...

      4. 4.On receipt of a list under paragraph 3(d) the Upper...

      5. 5.The appropriate national authority and any person to whom the...

      6. 6.An application under paragraph 5 must be sent or delivered...

      7. 7.If a person ... makes an application in accordance with...

      8. 8.The persons specified for the purposes of paragraph 7 are—...

      9. 9.The Upper Tribunal must notify each other party of any...

      10. 10.Any party may make a request to the Upper Tribunal...

      11. 11.On receiving a request under paragraph 10 the Upper Tribunal—...

    3. SCHEDULE 2

      Additional procedure in national security certificate cases

      1. 1.This Schedule applies only to national security certificate appeals.

      2. 2.Following the transfer of the appeal from the First-tier Tribunal,...

      3. 3.The relevant Minister must send or deliver to the Upper...

      4. 4.In an appeal under section 28(4) of the Data Protection...

      5. 5.In an appeal under section 28(6) of the Data Protection...

      6. 6.The Upper Tribunal must— (a) subject to paragraph 11, provide...

      7. 7.On grounds of the need to ensure that information is...

      8. 8.A notice under paragraph 7 must— (a) state the reason...

      9. 9.Before the Upper Tribunal gives a direction, issues a summons...

      10. 10.When deciding whether to uphold an objection made by the...

      11. 11.Where the relevant Minister may object to the disclosure of...

    4. SCHEDULE 3

      Procedure in financial services cases and Wholesale Energy Cases

      1. 1.Interpretation

      2. 2.Reference notice

      3. 3.Register of references and decisions

      4. 4.Respondent’s statement of case in a single regulator case

      5. 4A.Respondents’ statements of case in a multiple regulator case

      6. 5.Applicant’s reply

      7. 6.Secondary disclosure by a respondent

      8. 7.Exceptions to disclosure

      9. 8.Subsequent notices in relation to the referred action

      10. 9.References by third parties

    5. SCHEDULE 4

      Procedure in financial sanctions cases

      1. 1.Interpretation

      2. 2.Notice of Appeal

      3. 3.Respondent’s statement of case

      4. 4.Appellant’s reply

      5. 5.Secondary disclosure by the respondent

      6. 6.Exceptions to disclosure

  10. Explanatory Note

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