The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

PART 4 E+W Appeals

Notice of appeal E+W

24.—(1) This rule applies—

(a) if another tribunal has given permission for a party to appeal to the Tribunal;

(b) if permission to appeal against the decision of another tribunal is not required; or

(c) subject to any other direction by the Tribunal, if the Tribunal has given permission to appeal and has given a direction that the application for permission to appeal does not stand as the notice of appeal.

(2) Unless some other time limit is prescribed by or under another enactment, the appellant must provide a notice of appeal to the Tribunal so that it is received within 1 month after—

(a) the date that the tribunal that gave permission to appeal sent notice of such permission to the appellant; or

(b) the date on which the notice of decision to which the appeal relates was sent to the appellant, if permission to appeal is not required.

(3) The notice of appeal must be signed and dated and must include the information listed in rule 21(3) (content of the application for permission to appeal).

(4) If another tribunal has given permission to appeal, or if permission is not required, the appellant must provide with the notice of appeal—

(a) a copy of—

(i) any written record of the decision being challenged;

(ii) any separate written statement of reasons for that decision;

(iii) any notice of permission to appeal; and

(iv) if the appeal is against the decision of the Valuation Tribunal for England or [F1 the Valuation Tribunal for Wales], a copy of the proposal or determination that was the subject of the appeal to that tribunal; and

(b) the fee payable to the Tribunal.

(5) If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (2)—

(a) the notice of appeal must include a request for an extension of time and the reasons why the notice was not provided in time; and

(b) unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.

(6) The appellant must send or deliver to the Tribunal with the notice of appeal sufficient copies of the notice and accompanying documents for each respondent.

(7) When the Tribunal receives the notice of appeal it must send a copy of the notice and any accompanying documents to each respondent.

Textual Amendments

F1 Words in rule 24(4)(a)(iv) substituted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 6(2)

Respondent's notice E+W

25.—(1) A respondent may provide a respondent's notice to an appeal.

(2) A respondent shall, unless given permission to cross-appeal, cease to be a respondent if no respondent's notice is provided within the time specified in paragraph (3) or such further time as may be allowed under rule 5(3)(a) (power to extend time).

(3) Any respondent's notice must be in writing and must be sent or delivered to the Tribunal and the appellant so that it is received no later than 1 month after the date on which the Tribunal sent—

(a) notice that it had given permission to appeal to the respondent; or

(b) a copy of the notice of appeal to the respondent.

(4) The respondent's notice must be signed and dated and must state—

(a) the name and address of the respondent and, if represented,—

(i) the name and address of the respondent's representative; and

(ii) the professional capacity, if any, in which the respondent's representative acts;

(b) an address where documents for the respondent may be sent or delivered;

(c) the grounds on which the respondent relies in opposing the appeal or in support of a cross-appeal; and

(d) whether the respondent wants the case to be dealt with at a hearing.

(5) If the respondent provides a respondent's notice to the Tribunal later than the time required by paragraph (2), the notice must include a request for an extension of time and the reasons why the notice was not provided in time.

(6) If, in any proceedings, the Tribunal receives a respondent's notice from more than one respondent, it must send a copy of each notice received to each of the other respondents.

Appellant's reply E+W

26.—(1) Subject to any direction given by the Tribunal, the appellant may provide a reply to any respondent's notice provided under rule 25 (respondent's notice).

(2) Any reply provided under paragraph (1) must be in writing and must be sent or delivered to the Tribunal and every respondent so that it is received within 1 month after the date on which the relevant respondent sent the respondent's notice to the appellant.