The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

11.  After rule 33 (right to make representations) insert—

“Amendments and additional grounds resulting in transfer of proceedings to the High Court in England and Wales

33A.— (1) This rule applies only to judicial review proceedings arising under the law of England and Wales.

(2) In relation to such proceedings—

(a) the powers of the Upper Tribunal to permit or require amendments under rule 5(3)(c) extend to amendments which would, once in place, give rise to an obligation or power to transfer the proceedings to the High Court in England and Wales under section 18(3) of the 2007 Act or paragraph (3);

(b) except with the permission of the Upper Tribunal, additional grounds may not be advanced, whether by an applicant or otherwise, if they would give rise to an obligation or power to transfer the proceedings to the High Court in England and Wales under section 18(3) of the 2007 Act or paragraph (3).

(3) Where the High Court in England and Wales has transferred judicial review proceedings to the Upper Tribunal under any power or duty and subsequently the proceedings are amended or any party advances additional grounds—

(a) if the proceedings in their present form could not have been transferred to the Upper Tribunal under the relevant power or duty had they been in that form at the time of the transfer, the Upper Tribunal must transfer the proceedings back to the High Court in England and Wales;

(b) subject to sub-paragraph (a), where the proceedings were transferred to the Upper Tribunal under section 31A(3) of the Senior Courts Act 1981(1)(power to transfer judicial review proceedings to the Upper Tribunal), the Upper Tribunal may transfer proceedings back to the High Court in England and Wales if it appears just and convenient to do so.”.

(1)

1981 c.54. Section 31A was inserted by section 19(1) of the Tribunals, Courts and Enforcement Act 2007(c.15).