Upper Tribunal
Encyclopedia
The Upper Tribunal is part of the administrative justice system of the United Kingdom
. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007
, to rationalise the tribunal
system, and to provide a common means of handling appeals against the decisions of lower tribunals. It is administered by Her Majesty's Courts and Tribunals Service
.
The Upper Tribunal is a superior court of record
, giving it equivalent status to the High Court and meaning that it can both set precedent
s and can enforce its decisions (and those of the First-tier Tribunal
) without the need to ask the High Court (or the Court of Session
in Scotland) to intervene. It is also the first (and only) tribunal to have the power of judicial review
.
, and applications for judicial 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.
The Chamber also hears appeals about decisions of the Independent Safeguarding Authority
to prevent someone from working with children or vulnerable adults, and decisions of the Traffic Commissioners concerning operators of heavy goods vehicles and public service vehicles, and premises used as operating centres.
in Tax or Charity cases, and appeals against decision notices issued by the Financial Services Authority
(for example, regarding authorisation and permission, penalties for market abuse, or disciplinary matters) and the Pensions Regulator.
The Chamber may also hear applications for judicial review
of some decisions made by HM Revenue and Customs, the Pensions Regulator, the Charity Commission, the Financial Services Authority
and the Bank of England
, decisions relation to banking regulations and to the assessment of compensation or consideration under the Banking (Special Provisions) Act 2008
, and certain cases relating to the proceeds of crime.
), and compensation for coal mining
subsidence, coast protection works
, reservoir
s, and land drainage
works.
The Chamber also hears appeals from decisions of HM Revenue and Customs in which the value of land is disputed, from Valuation Tribunals concerning the value of land for non-domestic rates purposes, from Leasehold Valuation Tribunal
s and Residential Property Tribunal
s.
Finally, the Chamber also hears applications to discharge or modify restrictions on the use of land (restrictive covenant
s) and applications for notices relating to the right to light.
in matters of immigration, asylum and nationality.
.
In addition, the following may also sit as Judges of the Upper Tribunal:
The Senior President of Tribunals
is currently Lord Justice Carnwath
, who is the first to hold this role. Each Chamber of the Upper Tribunal is headed by a Chamber President.
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.
(in England and Wales) or the Court of Session
(in Scotland).
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
, to rationalise the tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
system, and to provide a common means of handling appeals against the decisions of lower tribunals. It is administered by Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service is an agency of the Ministry of Justice. It was created on 1 April 2011 by the merger of Her Majesty's Courts Service and the Tribunals Service....
.
The Upper Tribunal is a superior court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
, giving it equivalent status to the High Court and meaning that it can both set precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s and can enforce its decisions (and those of the First-tier Tribunal
First-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
) without the need to ask the High Court (or the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
in Scotland) to intervene. It is also the first (and only) tribunal to have the power of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
.
Chambers and Jurisdiction
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.Administrative Appeals Chamber
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 the First-tier TribunalFirst-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
, and applications for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
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.
The Chamber also hears appeals about decisions of the Independent Safeguarding Authority
Independent Safeguarding Authority
The Independent Safeguarding Authority is a British non-departmental public body created by the Labour Government 2007-2010. The tabloid media campaign and the decision to set up the ISA followed an inquiry headed by Sir Michael Bichard that was set up in the wake of the Soham Murders...
to prevent someone from working with children or vulnerable adults, and decisions of the Traffic Commissioners concerning operators of heavy goods vehicles and public service vehicles, and premises used as operating centres.
Tax and Chancery Chamber
The Tax and Chancery Chamber hears appeals against decisions of the First-tier TribunalFirst-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
in Tax or Charity cases, and appeals against decision notices issued by the Financial Services Authority
Financial Services Authority
The Financial Services Authority is a quasi-judicial body responsible for the regulation of the financial services industry in the United Kingdom. Its board is appointed by the Treasury and the organisation is structured as a company limited by guarantee and owned by the UK government. Its main...
(for example, regarding authorisation and permission, penalties for market abuse, or disciplinary matters) and the Pensions Regulator.
The Chamber may also hear applications for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of some decisions made by HM Revenue and Customs, the Pensions Regulator, the Charity Commission, the Financial Services Authority
Financial Services Authority
The Financial Services Authority is a quasi-judicial body responsible for the regulation of the financial services industry in the United Kingdom. Its board is appointed by the Treasury and the organisation is structured as a company limited by guarantee and owned by the UK government. Its main...
and the Bank of England
Bank of England
The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694, it is the second oldest central bank in the world...
, decisions relation to banking regulations and to the assessment of compensation or consideration under the Banking (Special Provisions) Act 2008
Banking (Special Provisions) Act 2008
The Banking Act 2008 is an Act of the Parliament of the United Kingdom that entered into force on the 21 February 2008 in order to enable the UK government to nationalise high-street banks under emergency circumstances by secondary legislation...
, and certain cases relating to the proceeds of crime.
Lands Chamber
The Lands Chamber decides disputes concerning land, including the purchase of land blighted by the proposals of a public authority, compensation for land compulsorily purchased and or the value of which has been affected by public works (such noise from an airportAirport
An airport is a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport...
), and compensation for coal mining
Coal mining
The goal of coal mining is to obtain coal from the ground. Coal is valued for its energy content, and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from iron ore and for cement production. In the United States,...
subsidence, coast protection works
Coastal management
In some jurisdictions the terms sea defense and coastal protection are used to mean, respectively, defense against flooding and erosion...
, reservoir
Reservoir
A reservoir , artificial lake or dam is used to store water.Reservoirs may be created in river valleys by the construction of a dam or may be built by excavation in the ground or by conventional construction techniques such as brickwork or cast concrete.The term reservoir may also be used to...
s, and land drainage
Internal Drainage Board
An internal drainage board is a type of operating authority which is established in areas of special drainage need in England and Wales with permissive powers to undertake work to secure clean water drainage and water level management within drainage districts...
works.
The Chamber also hears appeals from decisions of HM Revenue and Customs in which the value of land is disputed, from Valuation Tribunals concerning the value of land for non-domestic rates purposes, from Leasehold Valuation Tribunal
Leasehold valuation tribunal
A Leasehold Valuation Tribunal is a statutory tribunal in England which determine various types of landlord and tenant dispute involving residential property in the private sector...
s and Residential Property Tribunal
Residential Property Tribunal Service
The Residential Property Tribunal Service is the umbrella organisation which provides support for three statutory tribunals and 5 regional rent assessment panels, all of which make decisions on residential property matters....
s.
Finally, the Chamber also hears applications to discharge or modify restrictions on the use of land (restrictive covenant
Restrictive covenant
A restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property...
s) and applications for notices relating to the right to light.
Immigration and Asylum Chamber
This Chamber hears appeals against decisions made by the First-tier TribunalFirst-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
in matters of immigration, asylum and nationality.
Judiciary
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 the Judicial Appointments CommissionJudicial Appointments Commission
The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It is a non-departmental public body which was created on 3 April 2006 as part of the reforms following the Constitutional Reform Act 2005...
.
In addition, the following may also sit as Judges of the Upper Tribunal:
- Chamber President or a Deputy Chamber President of the First-tier TribunalFirst-tier TribunalThe First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
- Court of Appeal judgesLord Justice of AppealA Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
- Court of SessionCourt of SessionThe Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
judges - High Court judgeHigh Court judgeA High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
s - circuit judges and sheriffs
- district judges and district judges (Magistrates' Courts)
The Senior President of Tribunals
Senior President of Tribunals
The Senior President of Tribunals is a senior judge in the United Kingdom who presides over the UK tribunal system. The Senior President is appointed by the Queen on the recommendation of the Lord Chancellor. Lord Justice Carnwath was appointed as the first holder of the post on 12 November 2007...
is currently Lord Justice Carnwath
Robert Carnwath
Sir Robert John Anderson Carnwath CVO is a British judge.Carnwath was called to the Bar at Middle Temple in 1968. He practised in parliamentary law, planning and local government, revenue law and administrative law. He held the appointment of Junior Counsel to the Inland Revenue from 1980 to...
, who is the first to hold this role. Each Chamber of the Upper Tribunal is headed by a Chamber President.
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.
Appeal against decisions of the Upper Tribunal
Appeals against decisions of the Upper Tribunal can be made to the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
(in England and Wales) or the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(in Scotland).
External sites
- Upper Tribunal, Tribunals Service