The Tribunal Procedure (Upper Tribunal) Rules 2008

Application of this Part to judicial review proceedings transferred to the Upper Tribunal

27.—(1) When a court transfers judicial review proceedings to the Upper Tribunal, the Upper Tribunal—

(a) must notify each party in writing that the proceedings have been transferred to the Upper Tribunal; and

(b) must give directions as to the future conduct of the proceedings.

(2) The directions given under paragraph (1)(b) may modify or disapply for the purposes of the proceedings any of the provisions of the following rules in this Part.

(3) In proceedings transferred from the Court of Session under section 20(1) of the 2007 Act, the directions given under paragraph (1)(b) must—

(a) if the Court of Session did not make a first order specifying the required intimation, service and advertisement of the petition, state the Upper Tribunal’s requirements in relation to those matters;

(b) state whether the Upper Tribunal will consider summary dismissal of the proceedings; and

(c) where necessary, modify or disapply provisions relating to permission in the following rules in this Part.