The Tribunal Procedure (Upper Tribunal) Rules 2008

Response to the notice of appeal

This section has no associated Explanatory Memorandum

24.—[F1(1) This rule and rule 25 do not apply to [F2a road transport case], in respect of which Schedule 1 makes alternative provision.

(1A) Subject to any direction given by the Upper Tribunal, a respondent may provide a response to a notice of appeal.]

(2) Any response provided under paragraph [F3(1A)] must be in writing and must be sent or delivered to the Upper Tribunal so that it is received—

(a)[F4if an application for permission to appeal stands as the notice of appeal, no later than one month after the date on which the respondent was sent notice that permission to appeal had been granted;] F5...

[F6(aa)in a fast-track case, [F7two days] before the hearing of the appeal; or]

[F8(ab)in a quality contracts scheme case, no later than 1 month after the date on which a copy of the notice of appeal is sent to the respondent;]

(b)in any other case, no later than 1 month after the date on which the Upper Tribunal sent a copy of the notice of appeal to the respondent.

(3) The response must state—

(a)the name and address of the respondent;

(b)the name and address of the representative (if any) of the respondent;

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

(d)whether the respondent opposes the appeal;

(e)the grounds on which the respondent relies, including [F9(in the case of an appeal against the decision of another tribunal)] any grounds on which the respondent was unsuccessful in the proceedings which are the subject of the appeal, but intends to rely in the appeal; and

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

(4) If the respondent provides the response to the Upper Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 5(3)(a) (power to extend time), the response must include a request for an extension of time and the reason why the [F10response] was not provided in time.

(5) When the Upper Tribunal receives the response it must send a copy of the response and any accompanying documents to the appellant and each other party.

[F11(6) Paragraph (5) does not apply in a quality contracts scheme case, in respect of which Schedule A1 makes alternative and further provision.]

Textual Amendments

F1Rule 24(1)(1A) substituted for rule 24(1) (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 18(a)

F3Word in rule 24(2) substituted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 9

F5Word in rule 24(2) omitted (15.2.2010) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 15(b)

F7Words in rule 24(2)(aa) substituted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(b), 11

F10Word in rule 24(4) substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 15