The Tribunal Procedure (Upper Tribunal) Rules 2008

Explanatory Note

(This note is not part of the Rules)

Part 1 of the Tribunals, Courts and Enforcement Act 2007 (c.15) establishes a new tribunal structure comprising a First-tier Tribunal and an Upper Tribunal. Appeal functions of existing tribunals are being transferred to this structure and assigned to chambers within the new tribunals. These Rules govern the practice and procedure to be followed in the Upper Tribunal.

Part 1 contains provisions for interpreting and applying the Rules and sets out the overriding objective of the Rules.

Part 2 contains general powers and provisions including the Upper Tribunal's general case management powers, the giving of directions, the power to strike out a party's case, the service of documents and rules about evidence, submissions and witnesses.

Part 3 contains provisions on permission for and notice of appeals and on responses and replies.

Part 4 contains provisions in relation to the Upper Tribunal's “judicial review” jurisdiction under sections 15 and 21 of the 2007 Act.

Parts 5 and 6 make provision for hearings and for decisions made by the Upper Tribunal.

Part 7 deals with correcting, setting aside, reviewing and appealing against decisions of the Upper Tribunal.