The Tribunal Procedure (Upper Tribunal) Rules 2008

Sending and delivery of documents

This adran has no associated Memorandwm Esboniadol

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

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