| Upper Tribunal | |
|---|---|
.svg) Royal coat of arms of the United Kingdom as used in England and Wales | |
| Established | 3 November 2008; 17 years ago (2008-11-03)[1] |
| Jurisdiction | United Kingdom |
| Authorised by | Tribunals, Courts and Enforcement Act 2007 |
| Appeals to |
|
| Appeals from | First-tier Tribunal |
| Website | www.judiciary.uk |
TheUpper Tribunal is asuperiorcourt of record and generaltribunal in theUnited Kingdom.
It was created in 2008 as part of a programme, set out in theTribunals, Courts and Enforcement Act 2007, to rationalise thetribunal system, and to provide a common means of handling appeals against the decisions of lower tribunals. It is administered byHis Majesty's Courts and Tribunals Service.
The Upper Tribunal is a superior court of record, giving it equivalent status to theHigh Court and meaning that it can both setprecedents and can enforce its decisions (and those of theFirst-tier Tribunal) without the need to ask the High Court or theCourt of Session to intervene.[2] It is also the first (and only) tribunal to have the power ofjudicial review.[3]
The tribunal currently consists of four chambers, structured around subject areas (although the Administrative Appeals Chamber has a broad remit). Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing.
The Administrative Appeals Chamber hears appeals against decisions of the General Regulatory Chamber (except in Charity cases), the Health, Education and Social Care Chamber, the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of theFirst-tier Tribunal, and applications forjudicial review of First-tier Tribunal decisions in Criminal Injuries Compensation cases. The chamber may also deal with judicial review cases transferred to the Upper Tribunal from the High Court.[4]
The chamber also hears appeals about decisions of theDisclosure and Barring Service (DBS) to prevent someone from working with children or vulnerable adults, and decisions of theTraffic Commissioners concerning operators ofheavy goods vehicles andpublic service vehicles, and premises used as operating centres.
The Tax and Chancery Chamber hears appeals against decisions of theFirst-tier Tribunal in tax or charity cases, and appeals against decision notices issued by theFinancial Conduct Authority (for example, regarding authorisation and permission, penalties for market abuse, or disciplinary matters) and thePensions Regulator.[5]
The chamber may also hear applications forjudicial review of some decisions made byHM Revenue and Customs, thePensions Regulator, theCharity Commission, theFinancial Services Authority and theBank of England, decisions relation to banking regulations and to the assessment of compensation or consideration under theBanking (Special Provisions) Act 2008, and certain cases relating to the proceeds of crime.
The Lands Chamber decides disputes concerning land, including the purchase of land blighted by the proposals of a public authority, compensation for landcompulsorily purchased and or the value of which has been affected by public works (such noise from anairport), and compensation forcoal mining subsidence,coast protection works,reservoirs, andland drainage works.[6]
The chamber also hears appeals from decisions ofHM Revenue and Customs in which the value of land is disputed, fromvaluation tribunals concerning the value of land fornon-domestic rates purposes, fromleasehold valuation tribunals andresidential property tribunals.
Finally, the chamber also hears applications to discharge or modify restrictions on the use of land (restrictive covenants) and applications for notices relating to theright to light.
This chamber hears appeals against decisions made by theFirst-tier Tribunal in matters of immigration, asylum and nationality.[7] It also hears judicial reviews relating to immigration decisions of the Home Secretary which do not carry a right of appeal.[8]
The judiciary of the Upper Tribunal comprises judges and other members. Senior legally qualified members of former tribunals (now abolished and transferred into the First-tier and Upper Tribunals) became judges of the Upper Tribunal when their jurisdiction was transferred, whilst some lay members (generally experts in the subject matter of the former tribunal) became other members. New judges and members are appointed by theJudicial Appointments Commission.[9]
In addition, the following may also sit as judges of the Upper Tribunal:[10]
TheSenior President of Tribunals is currentlyKeith Lindblom, who is the fourth to hold this role.[11]
Each chamber of the Upper Tribunal is headed by a chamber president.[12][13]
In most cases, decisions are made by a judge (or in the case of the Lands Chamber, a member) sitting alone, although in cases involving complex issues of law or expertise, a larger bench consisting of more than one judge, or a judge and one or more members, may hear the case.[14][15]
Appeals against decisions of the Upper Tribunal can be made to theCourt of Appeal (in England and Wales), or theCourt of Appeal (in Northern Ireland) or theCourt of Session (in Scotland).[16]