The Civil Procedure Rules 1998

RSC ORDER 101 E+W THE PENSIONS APPEAL TRIBUNALS ACT 1943(1)

Assignment to Queen’s Bench Division E+W

Rule 1  Proceedings in the High Court under the Pensions Appeal Tribunals Act 1943, shall be assigned to the Queen’s Bench Division.

Construction of reference to judge E+W

Rule 2  In this Order references to the judge shall be construed as references to the judge nominated by the Lord Chancellor under section 6 (2) of the Pensions Appeal Tribunals Act, 1943.

Application for permission to appeal E+W

Rule 3—(1) An application to the judge for permission to appeal against the decision of a Pensions Appeal Tribunal may not be made unless an application for such permission was made to the tribunal and was refused and must be made within 28 days after the date of the tribunal’s refusal.

(2) The application to the judge, which may be made without notice being served on any other party must be made by filing in the Crown Office a written statement of—

(a) the name and description of the applicant,

(b) the point of law as respects which the applicant alleges that the tribunal’s decision was erroneous, and

(c) the date of the Tribunal’s decision refusing permission to appeal.

(3) If the application is made with the consent of the other party to the proceedings before the Tribunal, that fact shall be included in the statement.

(4) On the making of the application the court officer shall request the Chairman of the Tribunal to give the judge a written statement of the reasons for the Tribunal’s decision to refuse permission to appeal, and within 7 days after receiving the request the chairman shall give the judge such a statement.

(5) The judge may determine the application without a hearing or may direct that the application be set down for hearing in private.

(6) Where the application is determined without a hearing, a copy of the judge’s order shall be sent from the Crown Office to the applicant and to the other party to the proceedings before the Tribunal; and where the application is to be set down for hearing, notice of the day and time fixed for the hearing shall be sent from that Office to the applicant.

Appeal E+W

Rule 4—(1) Without prejudice to Order 55, rule 3 (2), the [F1 notice of appeal] by which an appeal against the decision of a Pensions Appeal Tribunal is brought must state the question of law on which the appeal is brought, the date on which permission to appeal was granted and whether such permission was granted by the judge or the Tribunal.

(2) Order 55, rules 3 (3) and 4 (2), shall not apply in relation to such an appeal, but the notice must be served and the appeal entered within 28 days after permission to appeal was granted.

(3) Within 28 days after service of the [F1 notice of appeal] on him, the chairman of the Tribunal must state a case setting out the facts on which the decision appealed against was based and must file the case in the Crown Office and serve a copy thereof on the appellant and on the respondent.

(4) Order 55, rule 5, shall apply in relation to such an appeal as if for the period of 21 days therein mentioned there were substituted a period of 6 weeks.

(5) At the hearing of the appeal the judge may order the case to be returned to the chairman for amendment.

(6) Order 55, rule 7 (2), shall not apply in relation to the appeal.

(7) A copy of the judge’s order on the appeal must be sent by the court officer to the appellant, the respondent and the chairman of the Tribunal.

Textual Amendments

F1 Words in Sch. 1 RSC Order 101 rule 4 substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 54

(1)

1943 c. 39.