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

Tribunal’s consideration of application for permission to appeal

56.—(1) On receiving an application for permission to appeal the Tribunal may review the decision in accordance with rule 57 (review of a decision), but may only do so if—

(a) when making the decision the Tribunal overlooked a legislative provision or binding authority which could have had a material effect on the decision; or

(b) since the Tribunal’s decision, a court has made a decision which is binding on the Tribunal and which, had it been made before the Tribunal’s decision, could have had a material effect on the decision.

(2) If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.

(3) The Tribunal must send a record of its decision to the parties as soon as practicable.

(4) If the Tribunal refuses permission to appeal it must send with the record of its decision—

(a) a statement of its reasons for such refusal; and

(b) notification of the right to make an application to the relevant appellate court for permission to appeal and the time within which, and the method by which, such application must be made.

(5) The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.