OpenLegislation

The Tribunal Procedure (Upper Tribunal) Rules 2008

S.I. 2008/2698 · Made 9 October 2008

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
rule 21(3)(ac)insertedTribunal Procedure (Upper Tribunal) 2026 rule 2(2)
rule 28A(1A)insertedTribunal Procedure (Upper Tribunal) 2026 rule 2(3)(a)
rule 28A(2)words substitutedTribunal Procedure (Upper Tribunal) 2026 rule 2(3)(b)(i)
rule 28A(2)(a)word insertedTribunal Procedure (Upper Tribunal) 2026 rule 2(3)(b)(ii)
rule 29AinsertedTribunal Procedure (Upper Tribunal) 2026 rule 2(4)
rule 40(1A)omittedTribunal Procedure (Upper Tribunal) 2026 rule 2(5)
rule 40(1B)omittedTribunal Procedure (Upper Tribunal) 2026 rule 2(5)
rule 44(4BA)insertedTribunal Procedure (Upper Tribunal) 2026 rule 2(6)

Tribunals And Inquiries

Made 9th October 2008

Laid before Parliament 15th October 2008

Coming into force 3rd November 2008

After consulting in accordance with paragraph 28(1) of Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007 M1 the Tribunal Procedure Committee has made the following Rules in exercise of the power conferred by sections 10(3), 16(9), 22 and 29(3) and (4) of, and Schedule 5 to, that Act.

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

Annotations to the whole text

Marginal citations

M1

2007 c.15.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement, application and interpretation
  3. 2Overriding objective and parties' obligation to co-operate with the Upper Tribunal
  4. 3Alternative dispute resolution and arbitration
  5. Part 2: General powers and provisions
  6. 4Delegation to staff
  7. 5Case management powers
  8. 5ACoronavirus temporary rule (decisions without a hearing)
  9. 6Procedure for applying for and giving directions
  10. 7Failure to comply with rules etc.
  11. 8Striking out a party's case
  12. 9Addition, substitution and removal of parties
  13. 10Orders for costs
  14. 11Representatives
  15. 12Calculating time
  16. 13Sending and delivery of documents
  17. 14Use of documents and information
  18. 15Evidence and submissions
  19. 16Summoning or citation of witnesses and orders to answer questions or produce documents
  20. 17Withdrawal
  21. 17AAppeal treated as abandoned or finally determined in an asylum case or an immigration case
  22. 18Notice of funding of legal services
  23. 19Confidentiality in social security and child support cases
  24. 20Power to pay expenses and allowances
  25. 20AProcedure for applying for a stay of a decision pending an appeal
  26. 20BApplication for an authorised costs order
  27. Part 3: Procedure for cases in the Upper Tribunal
  28. 21Application to the Upper Tribunal for permission to appeal
  29. 22Decision in relation to permission to appeal
  30. 22ASpecial procedure for providing notice of a refusal of permission to appeal in an asylum case Repealed
  31. 23Notice of appeal
  32. 24Response to the notice of appeal
  33. 25Appellant's reply
  34. 26References under the Forfeiture Act 1982
  35. 26ACases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal , cases where an offence has been certified and proceedings without notice to a respondent
  36. 26BFinancial services cases and wholesale energy cases
  37. 26CFinancial sanctions cases
  38. Part 4: Judicial review proceedings in the Upper Tribunal
  39. 27Application of this Part to judicial review proceedings transferred to the Upper Tribunal
  40. 28Applications for permission to bring judicial review proceedings
  41. 28ASpecial provisions for immigration judicial review proceedings
  42. 29Acknowledgment of service
  43. 30Decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing
  44. 31Responses
  45. 32Applicant seeking to rely on additional grounds
  46. 33Right to make representations
  47. 33AAmendments and additional grounds resulting in transfer of proceedings to the High Court in England and Wales
  48. Part 5: Hearings
  49. 34Decision with or without a hearing
  50. 35Entitlement to attend a hearing
  51. 36Notice of hearings
  52. 36ASpecial time limits for hearing an appeal in a fast-track case Repealed
  53. 37Public and private hearings
  54. 37ACoronavirus temporary rule (recording of remote hearings)
  55. 38Hearings in a party's absence
  56. Part 6: Decisions
  57. 39Consent orders
  58. 40Decisions
  59. 40ASpecial procedure for providing notice of a decision relating to an asylum case Repealed
  60. Part 7: Correcting, setting aside, reviewing and appealing decisions of the Upper Tribunal
  61. 41Interpretation
  62. 42Clerical mistakes and accidental slips or omissions
  63. 43Setting aside a decision which disposes of proceedings
  64. 44Application for permission to appeal
  65. 45Upper Tribunal's consideration of application for permission to appeal
  66. 46Review of a decision
  67. 47Setting aside a decision in proceedings under the Forfeiture Act 1982
  68. 48Power to treat an application as a different type of application
  69. Signature
  70. Schedule A1: Procedure in Quality Contracts Scheme cases
  71. 1Paragraph 1
  72. 2Notice of appeal
  73. 3Notice of appeal
  74. 4Notice of appeal
  75. 5Notice of appeal
  76. 6Response to the notice of appeal
  77. 7Response to the notice of appeal
  78. 8Response to the notice of appeal
  79. 9Appellant’s reply
  80. 10Appellant’s reply
  81. 11Appellant’s reply
  82. 12Appellant’s reply
  83. 13Adding further parties
  84. 14Adding further parties
  85. 15Adding further parties
  86. 16Adding further parties
  87. 17Adding further parties
  88. Schedule 1: Procedure after the notice of appeal in road transport cases
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8 Repealed
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. Schedule 2: Additional procedure in national security certificate cases
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. Schedule 3: Procedure in financial services cases and Wholesale Energy Cases
  113. 1Interpretation
  114. 2Reference notice
  115. 3Register of references and decisions
  116. 4Respondent’s statement of case in a single regulator case
  117. 4ARespondents’ statements of case in a multiple regulator case
  118. 5Applicant’s reply
  119. 6Secondary disclosure by a respondent
  120. 7Exceptions to disclosure
  121. 8Subsequent notices in relation to the referred action
  122. 9References by third parties
  123. Schedule 4: Procedure in financial sanctions cases
  124. 1Interpretation
  125. 2Notice of Appeal
  126. 3Respondent’s statement of case
  127. 4Appellant’s reply
  128. 5Secondary disclosure by the respondent
  129. 6Exceptions to disclosure
  130. Explanatory note