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Article 28 Transfer of Complex cases to the Upper Tribunal

United Kingdom

(1)

If a case has been allocated as a Complex case the Tribunal may, with the consent of the parties, refer a case F1or a preliminary issue to the President of the Tax Chamber F2of the First-tier Tribunal with a request that the case F3or issue be considered for transfer to the Upper Tribunal.

F4(2)

If a case or issue has been referred by the Tribunal under paragraph (1), the President of the Tax Chamber may, with the concurrence of the President of the Tax and Chancery Chamber of the Upper Tribunal, direct that the case or issue be transferred to and determined by the Upper Tribunal.

Annotations

Textual amendments

F1

Words in rule 28(1) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 6(8)(a)(i)

F2

Words in rule 28(1) inserted (1.4.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(a), 5(3)

F3

Words in rule 28(1) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 6(8)(a)(ii)

F4

Rule 28(2) substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 6(8)(b)