The Tribunal Procedure (Upper Tribunal) Rules 2008

Case management powers

This section has no associated Explanatory Memorandum

5.—(1) Subject to the provisions of the 2007 Act and any other enactment, the Upper Tribunal may regulate its own procedure.

(2) The Upper Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.

(3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Upper Tribunal may—

(a)extend or shorten the time for complying with any rule, practice direction or direction;

(b)consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case;

(c)permit or require a party to amend a document;

(d)permit or require a party or another person to provide documents, information, evidence or submissions to the Upper Tribunal or a party;

(e)deal with an issue in the proceedings as a preliminary issue;

(f)hold a hearing to consider any matter, including a case management issue;

(g)decide the form of any hearing;

(h)adjourn or postpone a hearing;

(i)require a party to produce a bundle for a hearing;

(j)stay (or, in Scotland, sist) proceedings;

(k)transfer proceedings to another court or tribunal if that other court or tribunal has jurisdiction in relation to the proceedings and—

(i)because of a change of circumstances since the proceedings were started, the Upper Tribunal no longer has jurisdiction in relation to the proceedings; or

(ii)the Upper Tribunal considers that the other court or tribunal is a more appropriate forum for the determination of the case;

(l)suspend the effect of its own decision pending an appeal or review of that decision;

(m)in an appeal, or an application for permission to appeal, against the decision of another tribunal, suspend the effect of that decision pending the determination of the application for permission to appeal, and any appeal;

[F1(n)require any person, body or other tribunal whose decision is the subject of proceedings before the Upper Tribunal to provide reasons for the decision, or other information or documents in relation to the decision or any proceedings before that person, body or tribunal.]

F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(5) In a financial services case, the Upper Tribunal may direct that the effect of the decision in respect of which the reference has been made is to be suspended pending the determination of the reference, if it is satisfied that to do so would not prejudice—

(a)the interests of any persons (whether consumers, investors or otherwise) intended to be protected by that notice; F4...

(b)the smooth operation or integrity of any market intended to be protected by that notice [F5; or]

[F6(c)the stability of the financial system of the United Kingdom.]

[F7(5A) In a financial sanctions case, the Upper Tribunal may direct that the payment of a monetary penalty that is the subject of an appeal be suspended pending the determination of the appeal or its withdrawal.]

(6) Paragraph (5) does not apply in the case of a reference in respect of a decision of the Pensions Regulator.]

[F8(7) In a wholesale energy case, the Upper Tribunal may direct that the effect of the decision in respect of which the reference has been made is to be suspended pending the determination of the reference.]

Textual Amendments

F4Word in rule 5(5)(a) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(3)(a)