The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

PART 3 E+W Applications for permission to appeal

Application to the Tribunal for permission to appeal E+W

21.—(1) Where permission to appeal to the Tribunal against the decision of another tribunal is required, a person may apply to the Tribunal for permission to appeal to the Tribunal against such a decision only if—

(a) they have made an application for permission to appeal to the tribunal which made the decision challenged; and

(b) that application has been refused or has not been admitted.

(2) An application for permission to appeal must be made in writing and received by the Tribunal no later than 14 days after the date on which the tribunal that made the decision under challenge sent notice of its refusal of permission to appeal or refusal to admit the application for permission to appeal [F1 , or sent notice that permission has been granted only on limited grounds,] to the applicant.

(3) The application must be signed and dated and must state—

(a) the name and address of the applicant and, if represented,—

(i) the name and address of the applicant's representative; and

(ii) the professional capacity, if any, in which the applicant's representative acts;

(b) an address where documents for the applicant may be sent or delivered;

(c) details (including the full reference) of the decision challenged;

(d) the grounds of appeal on which the applicant relies;

(e) the name and address of each respondent; and

(f) whether the applicant wants the application to be dealt with at a hearing.

(4) The applicant must provide with the application—

(a) a copy of—

(i) any written record of the decision being challenged;

(ii) any separate written statement of reasons for that decision;

(iii) the notice of refusal of permission to appeal or refusal to admit the application for permission to appeal from the other tribunal; and

(iv) any other document relied on in the application to the Tribunal; and

(b) the fee payable to the Tribunal.

(5) If the applicant provides the application to the 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)—

(a) the application must include a request for an extension of time and the reason why the application was not provided in time; and

(b) unless the Tribunal extends time for the application under rule 5(3)(a) (power to extend time), the Tribunal must not admit the application.

(6) If the tribunal that made the decision under challenge refused to admit the applicant's application for permission to appeal because the application for such permission or for a written statement of reasons was not made in time—

(a) the application to the Tribunal must include the reason why the application to the other tribunal for permission to appeal or for a written statement of reasons, as the case may be, was not made in time; and

(b) the Tribunal must only admit the application if the Tribunal considers that it is in the interests of justice for it to do so.

(7) The applicant must send or deliver to the Tribunal with the application for permission sufficient copies of the application and accompanying documents for service on the respondent.

(8) Unless it decides to dismiss the application without representations from the respondent, the Tribunal must send or deliver a copy of the application and accompanying documents to the respondent, and must specify a time limit within which any representations relating to the application must be made.

Textual Amendments

F1 Words in rule 21(2) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 15

Respondent's representations in relation to permission to appeal E+W

22.—(1) A respondent who wishes to make representations in relation to the application—

(a) must do so in writing within the time limit specified under rule 21(8);

(b) may include an application for permission to cross-appeal if the applicant is granted permission to appeal;

(c) must at the same time send a copy of the representations and any application to all the other parties and inform the Tribunal in writing that this has occurred; and

(d) must state whether the respondent wants the application to be dealt with at a hearing.

(2) An application for permission to cross-appeal under paragraph (1)(b) must state the grounds on which the application is made and must include a copy of any document relied on in the application.

Decision in relation to permission to appeal E+W

23.—(1) The Tribunal may give permission to appeal with such limitations or conditions as the Tribunal thinks fit.

(2) If the Tribunal refuses permission to appeal, it must send written notice of the refusal and of the reasons for the refusal to the applicant.

(3) If the Tribunal gives permission to appeal—

(a) the Tribunal must send written notice of the permission, and of the reasons for any limitations or conditions on such permission, to each party;

(b) subject to any direction by the Tribunal, the application for permission to appeal stands as the notice of appeal; and

(c) the Tribunal may, with the consent of the parties, determine the appeal without further representations.

(4) In this rule, references to appeals include cross-appeals where appropriate.