Article 56
In rule 40 (decisions), in paragraph (2)—
(a)
for “, a decision which finally disposes of all issues in the proceedings (except a decision under Part 7)” substitute “ a decision (other than a decision under Part 7) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e) ”;
(b)
in sub-paragraph (a) of that paragraph, insert “ Upper ” before “Tribunal”.