Appeals to the new Upper Tribunal from 3 November 2008
Key changes
There is a new set of legal rules that Upper Tribunal judges and staff have to follow in dealing with cases.
Some of the rules, particularly about time limits, are different from the rules that applied to appeals to the Social Security, Child Support and Pensions Appeal Commissioners.
Below are a few of the key changes that apply to the Upper Tribunal. It does not include the First-tier Tribunal.
Please note that this is only a guide and does not have legal status. It does not cover all aspects of every situation, nor does it provide a full interpretation of the procedural rules.
Note:
The old rules may apply to cases started before 3 November 2008 if that is fairer.
Time limits
Most of the time limits are unchanged:
- one calendar month for most purposes.
- three calendar months for appeals to the Court of Appeal or Court of Session from a decision of an Upper Tribunal judge on an appeal against a decision in a social security or child support case or against a decision in proceedings in the War Pensions and Armed Forces Compensation Chamber.
However, please note the following:
- There is no longer an upper limit on the power for the Upper Tribunal to extend time limits. The previous absolute time limit was13 months. "Special reasons" is no longer the test for accepting late applications for permission to appeal and to appeal (rule 5(3)(a)) but it will still be necessary to show a good reason for any delay. In addition, if your application to the First–tier Tribunal for permission to appeal was not admitted because it was late, the Upper Tribunal can admit your application only if it considers it is in the interests of justice to do so.
- There is now a time limit of one calendar month for applying for re–instatement after a case has been struck out (rule 8(6)) or after you have withdrawn a case (rule 17(4)). There was no time limit under the old rules.
Calculating time limits
There are important new rules for calculating time limits:
Anything to be sent to the Upper Tribunal must be received by the Upper Tribunal within the time limit set by the Rules or directed by a judge or registrar.
Formerly you were in time if you sent the item within the time limit, so now the time you have is shorter.
There are now specific rules for calculating time limits (rule 12):
- Anything you have to do by a particular day must be done by 5 pm on that day
- If the day is not a working day the time limit is the next working day
- There are special rules relating to certain school holiday periods for special educational needs or disability discrimination in schools cases
Refusal of permission to appeal
There is a new right to apply for refusal of permission to appeal on the papers to be reconsidered at a hearing (rule 22).
This only applies in applications for permission to appeal against decisions of the Health, Education and Social Care chamber of the First-tier Tribunal and applications for permission to appeal against decisions of the new Independent Safeguarding Authority about who should be barred from working with children and vulnerable adults.
See also Time limits above.
Hearings
There is now a specific power to exclude persons from hearings (rule 36(4))
Setting aside
There is now an extra ground for setting aside a decision of an Upper Tribunal judge.
This is where ‘there has been some other procedural irregularity in the proceedings’ (rule 42(2)(d).
Reviews
The Upper Tribunal has a new power to review its own decisions on specific grounds. It can only do this if you have applied for permission to appeal to the Court of Appeal or Court of Session (rule 45).
