The Tribunal Procedure (Upper Tribunal) Rules 2008

Changes over time for: Section 13

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Changes to legislation:

The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 13 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 5 inserted by S.I. 2024/588 rule 2(5)
rule 1(2A) inserted by S.I. 2024/588 rule 2(2)(a)
rule 26D inserted by S.I. 2024/588 rule 2(4)

Sending and delivery of documents

This section has no associated Explanatory Memorandum

13.—(1) [F1Subject to paragraph (1A),] any document to be provided to the Upper Tribunal under these Rules, a practice direction or a direction must be—

(a)sent by pre-paid post or [F2by document exchange, or delivered by hand,] to the address specified for the proceedings;

(b)sent by fax to the number specified for the proceedings; F3...

[F4(ba)uploaded to the Upper Tribunal’s secure portal; or]

(c)sent or delivered by such other method as the Upper Tribunal may permit or direct.

[F5(1A) A practice direction may specify for any document subject to paragraph (1)—

(a)the requirements that must be fulfilled for it to be uploaded to the Upper Tribunal’s secure portal; and

(b)for any specified category of party in any specified category of case, that it must be so uploaded to the Upper Tribunal’s secure portal.]

(2) Subject to [F6paragraphs (2A) and (3)], if a party provides a fax number, email address or other details for the electronic transmission of documents to them [F7(including transmission through the Upper Tribunal’s secure portal)], that party must accept delivery of documents by that method.

[F8(2A) A party is required to accept delivery of documents through the Upper Tribunal’s secure portal only if the document is sent through that portal to that party by the Upper Tribunal.]

(3) If a party informs the Upper Tribunal and all other parties that a particular form of communication, other than pre-paid post or delivery by hand, should not be used to provide documents to that party, that form of communication must not be so used.

(4) If the Upper Tribunal or a party sends a document to a party or the Upper Tribunal by email or any other electronic means of communication [F9(including transmission through the Upper Tribunal’s secure portal)], the recipient may request that the sender provide a hard copy of the document to the recipient. The recipient must make such a request as soon as reasonably practicable after receiving the document electronically.

(5) The Upper Tribunal and each party may assume that the address provided by a party or its representative is and remains the address to which documents should be sent or delivered until receiving written notification to the contrary.

[F10(6) Subject to paragraph (7), if a document submitted to the Upper Tribunal is not written in English, it must be accompanied by an English translation.

(7) In proceedings that are in Wales or have a connection with Wales, a document or translation may be submitted to the [F11Upper] Tribunal in Welsh.]

[F12(8) In judicial review proceedings, unless the contrary is proved, a document sent by first class post will be deemed to be provided or received on the second working day after it was posted.]

Textual Amendments

F1Words in rule 13(1) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(a)(i)

F2Words in rule 13(1)(a) substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 10

F3Word in rule 13(1)(b) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(a)(ii)

F4Rule 13(1)(ba) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(a)(iii)

F5Rule 13(1A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(b)

F6Words in rule 13(2) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(c)(i)

F7Words in rule 13(2) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(c)(ii)

F8Rule 13(2A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(d)

F9Words in rule 13(4) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 5(2)(e)

F10Rule 13(6)(7) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 10

F11Word in rule 13(7) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 8