Tribunals, Courts and Enforcement Act 2007

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

Part 1: Tribunals and Inquiries

Commentary on Sections: Part 1

Section 18: Limits of jurisdiction under section 15(1)

129. Section 18 sets out the conditions that need to be met for the Upper Tribunal to have power to deal with an application under section 15 for relief, or an application for permission to apply for relief.

130. Subsection (2) stipulates that four conditions must be met before the tribunal may decide the application. These are set out in subsections (4) to (8). If these conditions are not met, the tribunal must by order transfer the application to the High Court (subsection (3)).

131. The first condition (subsection (4)) is that the applicant in question is only seeking a remedy that the Upper Tribunal is able to grant.

132. The second condition (subsection (5)) is that the application does not call into question anything done by the Crown Court. This is because it would be anomalous to give a tribunal, a superior court of record, supervisory powers over another superior court of record.

133. The third condition (subsection (6)) is that the application falls within a specified class of case. The class is designated by a direction made by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor. By virtue of subsection (7), the power to give such directions includes the power to vary or revoke directions that are made, and the power to make different provision for different circumstances.

134. The fourth condition (subsection (8)) is that the judge presiding at the hearing of the application is either a judge listed in paragraph (a) of that subsection or a person within paragraph (b) of that subsection.

135. Subsection (9) stipulates that where an application is transferred to the High Court under subsection (3) above, it must be treated as if it had been made to the High Court in the first place. Under subsection (10), Rules of Court may be made to enable applications, permission or leave to be treated as if they had been made by the High Court. Any such rules for England and Wales will be made by the Civil Procedure Rules Committee.