The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

PART 3 U.K. Proceedings before the Tribunal

CHAPTER 1 U.K. Before the hearing

Notice of appeal U.K.

21.— [F1 (1) An appellant must start proceedings by sending or delivering a notice of appeal to the [F2 Tribunal] so that it is received within 12 months after the date on which written notice of the decision being challenged was sent to the appellant.]

(2) If the appellant provides the notice of appeal to the [F3 Tribunal] later than the time required by paragraph (1) the notice of appeal must include the reason why the notice of appeal was not provided in time.

(3) Subject to paragraph (4), where an appeal is not made within the time specified in paragraph (1), it will be treated as having been made in time if the decision maker does not object.

[F4 (4) No appeal may be made more than 12 months after the end of the 12-month period provided for in paragraph (1).]

(5) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a) the name and address of the appellant;

(b) the name and address of the appellant's representative (if any);

(c) an address where documents for the appellant may be sent or delivered;

(d) details (including the full reference) of the decision being appealed; and

(e) the grounds on which the appellant relies.

[F5 (5A) The Tribunal must send a copy of the notice of appeal and any accompanying documents to the decision maker as soon as reasonably practicable.]

(6) [F6 Upon receipt of a copy of the notice of appeal the decision maker must notify the Tribunal within 28 days] if—

(a) the appeal has been made after the time specified in paragraph (1) and the decision maker objects to it being treated as having been made in time; or

(b) the decision maker considers that the appeal has been made more than 12 months [F7 after the end of the 12-month period provided for in paragraph (1)].

[F8 (7) Notwithstanding rule 5(3)(a) (case management powers) and rule 7(2) (failure to comply with rules etc.), the Tribunal must not extend the time limit in paragraph (4).]

Textual Amendments

F1 Rule 21(1) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(2) (with rule 7)

F2 Word in rule 21(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(3)(a) (with rule 7)

F3 Word in rule 21(2) substituted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 2(3)

F4 Rule 21(4) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(3) (with rule 7)

F5 Rule 21(5A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(3)(b) (with rule 7)

F6 Words in rule 21(6) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(3)(c) (with rule 7)

F7 Words in rule 21(6)(b) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(4) (with rule 7)

F8 Rule 21(7) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 5

[F9 Lapse of cases U.K.

22.— (1) [F10 If after receiving the notice of appeal the] decision maker revises the decision challenged—

(a) the appeal shall proceed, subject to paragraph (2), as if it had been brought in relation to the revised decision; F11 ...

(b) the notice of the revised decision sent by the decision maker to the appellant must include a statement of the action that the appellant must take under paragraph (2) in order to prevent the appeal from lapsing [F12 ; and

(c) the decision maker must send a copy of the revised decision to the Tribunal.]

(2) The appeal against the revised decision shall lapse if, within 42 days of the date on which the decision maker sends notice of the revised decision to the appellant, the appellant does not provide to the [F13 Tribunal]—

(a) representations in writing in relation to the revised decision; or

(b) a statement in writing that the appellant wishes the appeal to proceed but has no additional representations to make in relation to the revised decision.

[F14 (2A) The Tribunal must send a copy of the appellant’s representations or written statement provided under paragraph (2) (if any) to the decision maker.]

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (4) If an appeal lapses under paragraph (2), the Tribunal must give both parties notice that it has done so.]]

Textual Amendments

F9 Rule 22 substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 7(4)

F10 Words in rule 22(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(i) (with rule 7)

F11 Word in rule 22(1)(a) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(ii) (with rule 7)

F12 Rule 22(1)(c) and word inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(iii) (with rule 7)

F13 Word in rule 22(2) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(b) (with rule 7) (as amended (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 6(2))

F14 Rule 22(2A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(c) (with rule 7)

F15 Rule 22(3) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(d) (with rule 7)

F16 Rule 22(4) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(e) (with rule 7)

Responses and replies U.K.

23.— [F17 (1) When a decision maker receives a copy of the notice of appeal, the decision maker must send or deliver a response to the Tribunal—

(a) where the decision being challenged on appeal is subject to mandatory reconsideration, within 28 days after—

(i) if following reconsideration, the decision maker maintains the decision being challenged, the date on which the decision maker sends the appellant notice that the decision under challenge has been maintained; or

(ii) if following reconsideration, the decision maker revises the decision being challenged, the date on which the decision maker receives a copy of the appellant’s representations or written statement provided under rule 22(2A) (lapse of cases); or

(b) in any other case, within 56 days after the date that the decision maker receives a copy of the notice of appeal or, if rule 21(3) (notice of appeal) applies, a copy of the Tribunal’s decision to admit the appeal.]

(2) The response must state—

(a) the name and address of the decision maker;

(b) the name and address of the decision maker's representative (if any);

(c) an address where documents for the decision maker may be sent or delivered;

(d) the names and addresses of any other respondents and their representatives (if any);

(e) whether the decision maker opposes the appellant's case and, if so, the grounds for such opposition; and

(f) any further information or documents required by a practice direction or direction.

(3) The response may include a submission as to whether it would be appropriate for the case to be dealt with without a hearing.

(4) The decision maker must provide with the response—

(a) a copy of any written record of the decision under challenge, and any statement of reasons for that decision;

(b) copies of all documents relevant to the case in the decision maker's possession, unless a practice direction or direction states otherwise; and

(c) a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and, unless stated in the notice of appeal, the name and address of the appellant's representative (if any).

(5) The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

(6) The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker's response.

(7) Any submission or further documents under paragraph (6) must be provided to the Tribunal and to each other party within 1 month after the date on which the decision maker sent the response to the party providing the reply.

[F18 (8) In this rule, a decision is “subject to mandatory reconsideration” where—

(a) an application for reconsideration has been made under Article 53(1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (the 2011 Order) and the application has not yet been determined; or

(b) the decision maker is required under Article 53(5) of the 2011 Order to reconsider the decision being challenged.]

Textual Amendments

F17 Rule 23(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(5)(a) (with rule 7)

F18 Rule 23(8) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(5)(b) (with rule 7)

Medical examinations and commissioning of medical evidence etc. U.K.

24.—F19 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a medical or other technical question arises in a case the Tribunal may—

(a) request a medical or other technical specialist to provide a report in relation to the question; and

(b) if the question is a medical one, arrange for the appellant to be examined for the purposes of the preparation of such a report.

(4) Subject to rule 14(2) (withholding documents or information likely to cause harm) the Tribunal must provide to each party a copy of any report obtained under this rule.

(5) If the Tribunal F21 ... requests a report under paragraph (3) the Tribunal may pay a fee to the medical or other technical specialist.

(6) Any fee paid under paragraph (5) must not exceed the maximum fee determined by the Lord Chancellor from time to time.

Textual Amendments

F19 Rule 24(1) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(6)(a) (with rule 7)

F20 Rule 24(2) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(6)(a) (with rule 7)

F21 Words in rule 24(5) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(6)(b) (with rule 7)

CHAPTER 2 U.K. Hearings

Decision with or without a hearing U.K.

25.—(1) Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

(a) each party has consented to, or has not objected to, the matter being decided without a hearing; and

(b) the Tribunal considers that it is able to decide the matter without a hearing.

(2) This rule does not apply to decisions under Part 4.

(3) The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party's case).

Entitlement to attend a hearing U.K.

26.  Subject to rule 28(4) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.

Notice of hearings U.K.

27.—(1) The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.

(2) The period of notice under paragraph (1) must be at least 14 days except that the Tribunal may give shorter notice—

(a) with the parties' consent; or

(b) in urgent or exceptional circumstances.

Public and private hearings U.K.

28.—(1) Subject to the following paragraphs, all hearings must be held in public.

(2) The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

[F22 (2A) Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(c) a media representative is not able to access the proceedings remotely while they are taking place; and

(d) such a direction is necessary to secure the proper administration of justice.]

(3) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(4) The Tribunal may give a direction excluding from any hearing, or part of it—

(a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c) any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or

(d) any person where the purpose of the hearing would be defeated by the attendance of that person.

(5) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Textual Amendments

F22 Rule 28(2A) inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 3(3) (with rule 1(2))

[F23 Coronavirus temporary rule (recording of remote hearings) U.K.

28A.— (1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

(2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

(3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

(a) held in private under rule 28(2A); or

(b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.

[F24 (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.]]

Textual Amendments

F23 Rule 28A inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 3(4) (with rule 1(2))

F24 Rule 28A(4) inserted (temp.) (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 4(3) (with rule 1(2))

Hearings in a party's absence U.K.

29.  If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b) considers that it is in the interests of justice to proceed with the hearing.

CHAPTER 3 U.K. Decisions

Consent orders U.K.

30.—(1) The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.

Notice of decisions U.K.

31.—(1) The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 14(2) (withholding information likely to cause harm), the Tribunal must provide to each party as soon as reasonably practicable after making [F25 a decision (other than a decision under Part 4) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)]—

(a) a decision notice stating the Tribunal's decision;

(b) where appropriate, notification of the right to apply for a written statement of reasons under rule 32(2); and

(c) notification of any right of appeal against the decision and the time within which, and the manner in which, such right of appeal may be exercised.

Textual Amendments

F25 Words in rule 31(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 46

Reasons for decisions U.K.

32.—(1) The Tribunal may give reasons for a decision which disposes of proceedings (except a decision under Part 4)—

(a) orally at a hearing; or

(b) in a written statement of reasons to each party.

(2) Unless the Tribunal has already provided a written statement of reasons under paragraph (1)(b), a party may make a written application to the Tribunal for such statement following a decision [F26 which finally disposes of—

(a) all issues in the proceedings; or

(b) a preliminary issue dealt with following a direction under rule 5(3)(e)].

(3) An application under paragraph (2) must be received within 42 days of the date on which the Tribunal sent or otherwise provided to the party a decision notice relating to the decision F27 ....

(4) If a party makes an application in accordance with paragraphs (2) and (3) the Tribunal must, subject to rule 14(2) (withholding information likely to cause harm), send a written statement of reasons to each party within 28 days of the date on which it received the application or as soon as reasonably practicable after the end of that period.

Textual Amendments

F26 Words in rule 32(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 47(a)

F27 Words in rule 32(3) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 47(b)