Upper Tribunal

Last updated

Upper Tribunal
Royal Coat of Arms of the United Kingdom (HM Government) (2022).svg
Royal coat of arms of the United Kingdom as used in England and Wales
Established3 November 2008;14 years ago (2008-11-03) [1]
Jurisdiction United Kingdom
Authorized by Tribunals, Courts and Enforcement Act 2007
Appeals to
Appeals from First-tier Tribunal
Website www.judiciary.uk
Field House at 15 Bream's Buildings, London, where the Upper Tribunal is based Field House, London, UK - 20130627-03.JPG
Field House at 15 Bream's Buildings, London, where the Upper Tribunal is based

The Upper Tribunal is a superior court of record and general tribunal in the United Kingdom.

Contents

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 His 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 precedents 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 to intervene. [2] It is also the first (and only) tribunal to have the power of judicial review. [3]

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 Tribunal, 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. [4]

The chamber also hears appeals about decisions of the Disclosure and Barring Service (DBS) 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 Tribunal in tax or charity cases, and appeals against decision notices issued by the Financial Conduct Authority (for example, regarding authorisation and permission, penalties for market abuse, or disciplinary matters) and the Pensions Regulator. [5]

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.

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 airport), and compensation for coal mining subsidence, coast protection works, reservoirs, and land drainage works. [6]

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 tribunals and residential property tribunals.

Finally, the chamber also hears applications to discharge or modify restrictions on the use of land (restrictive covenants) 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 Tribunal in matters of immigration, asylum and nationality. [7] It also hears judicial reviews relating to immigration decisions of the Home Secretary which do not carry a right of appeal. [8]

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 Commission. [9]

In addition, the following may also sit as judges of the Upper Tribunal: [10]

The Senior President of Tribunals is currently Keith Lindblom, who is the fourth to hold this role. [11]

Each chamber of the Upper Tribunal is headed by a chamber president. [12] [13]

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. [14] [15]

Appeals

Appeals against decisions of the Upper Tribunal can be made to the Court of Appeal (in England and Wales), or the Court of Appeal (in Northern Ireland) or the Court of Session (in Scotland). [16]

Related Research Articles

The Asylum and Immigration Tribunal (AIT) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA), and fell under the administration of the Tribunals Service.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Federal Court (Canada)</span> Canadian federal trial court

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction.

The Immigration Appellate Authority (IAA) was an independent judicial body in the United Kingdom constituted under the Immigration Act 1971, with jurisdiction to hear appeals from many immigration and asylum decisions. Administered by the Tribunals Service, it was superseded in 2005 by the Asylum and Immigration Tribunal, which itself was superseded in 2010 by the Asylum and Immigration Chamber of the First-tier Tribunal created by the Tribunals, Courts and Enforcement Act 2007.

<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

The Pensions Appeal Tribunal was a judicial tribunal in the United Kingdom which had jurisdiction to hear and decide appeals against decisions of the Secretary of State in connection with applications for war pensions by former members of the military services.

<span class="mw-page-title-main">Judiciary of Ghana</span> Branch of government

The Judiciary of Ghana comprises the Superior Courts of Judicature, established under the 1992 Constitution, and the Inferior Courts, established by Parliament. The hierarchy of courts derives largely from British juridical forms. The courts have jurisdiction over all civil and criminal matters.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">Tribunal of first instance (Belgium)</span> Trial court in Belgium

The tribunals of first instance are the main trial courts in the judicial system of Belgium. The tribunals of first instance are courts of general jurisdiction; in the sense that they have original jurisdiction over all types of cases not explicitly attributed to other courts. They handle a wide range of civil cases, criminal cases, and cases under the scope of juvenile law and family law. They also hear appeals against the judgements of the police tribunals and justices of the peace. The judgements of the tribunals of first instance can be appealed to the courts of appeal in turn. There is a tribunal of first instance for each of the twelve judicial arrondissements ("districts") of Belgium, except for the arrondissement of Brussels. The arrondissement of Brussels has two tribunals of first instance, a Dutch-speaking one and a French-speaking one, due to the sensitive linguistical situation in the area. The territories of the current judicial arrondissements largely coincide with those of the provinces of Belgium. Most of the tribunals of first instance have multiple geographical divisions, with each having their own seat. As of 2020, the 13 tribunals of first instance have 27 seats in total. Further below, an overview is provided of all seats of the tribunals of first instance per arrondissement.

<span class="mw-page-title-main">Tribunals, Courts and Enforcement Act 2007</span> United Kingdom legislation

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. Part 1 provides a scheme for radical overhaul of the tribunal system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a judge, generally reducing the length of experience required with the aim of increasing diversity in the judiciary. Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as fieri facias, replevin and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court officers and County Court bailiffs, civilian enforcement officers and police officers. Part 4 makes some changes to attachment of earnings and charging orders to make recovery of debts more straightforward. Part 5 makes some changes to insolvency practice in order to provide low-cost protection for people who have previously been excluded owing to their small debts and lack of assets. Part 6 provides protection from seizure for foreign antiquities and artefacts on display in the UK and whose provenance is alleged to be broken by misappropriation. Such artefacts can only be seized on a court order that was compelled by a Community obligation or a treaty obligation.

<span class="mw-page-title-main">Tribunals in the United Kingdom</span> Specialist courts in the United Kingdom

In the United Kingdom, a tribunal is a specialist court with jurisdiction over a certain area of civil law. They are generally designed to be more informal and accessible than 'traditional' courts.

<span class="mw-page-title-main">Judiciary of Italy</span> Overview of Italian judiciary

The judiciary of Italy is a system of courts that interpret and apply the law in the Italian Republic. In Italy, judges are public officials and, since they exercise one of the sovereign powers of the State, only Italian citizens are eligible for judgeship. In order to become a judge, applicants must obtain a degree of higher education as well as pass written and oral examinations. However, most training and experience is gained through the judicial organization itself. The potential candidates then work their way up from the bottom through promotions.

<span class="mw-page-title-main">First-tier Tribunal</span> First-instance general tribunal in the United Kingdom

The First-tier Tribunal is a first-instance general tribunal in the United Kingdom.

<span class="mw-page-title-main">Judiciary of Scotland</span>

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

<span class="mw-page-title-main">Judiciary of the Netherlands</span> Court system of Netherlands

The Judiciary of the Netherlands is the system of courts which interprets and applies the law in the Netherlands.

Sir Peter Richard Lane is a British High Court judge.

<span class="mw-page-title-main">Upper Tribunal for Scotland</span> General appeal tribunal in Scotland

The Upper Tribunal for Scotland (UTfS) is a general appeal tribunal and superior court of record in Scotland.

References

  1. "Tribunal". www.judiciary.uk. Courts and Tribunals Judiciary. Retrieved 30 December 2021.{{cite web}}: CS1 maint: url-status (link)
  2. "Upper Tribunal: What is a superior court of record?". Tribunals Service. Retrieved 10 November 2010.
  3. "Tribunals, Courts and Enforcement Act 2007 explanatory notes". Legislation.gov.uk. Retrieved 23 November 2010.
  4. "Upper Tribunal (Administrative Appeals Chamber): About Us". Tribunals Service. Retrieved 10 November 2010.
  5. "Upper Tribunal (Tax and Chancery Chamber): About Us". Tribunals Service. Retrieved 10 November 2010.
  6. "Upper Tribunal (Land Chamber): Jurisdictions". Tribunals Service. Retrieved 10 November 2010.
  7. "Upper Tribunal (Immigration and Asylum Chamber): About Us". Tribunals Service. Retrieved 10 November 2010.
  8. https://www.judiciary.uk/courts-and-tribunals/tribunals/upper-tribunal/upper-tribunal-immigration-and-asylum-chamber/
  9. "Upper Tribunal: What has changed?". Tribunals Service. Retrieved 10 November 2010.
  10. Sections 5 and 6 of the Tribunals, Courts and Enforcement Act 2007
  11. "Senior President of Tribunals". www.judiciary.gov.uk. Retrieved 14 February 2018.
  12. Section 7 of the Tribunals, Courts and Enforcement Act 2007
  13. "Structure of the Tribunals Service" (PDF). Judiciary of England and Wales/Tribunals Judiciary. Archived from the original (PDF) on 15 October 2010. Retrieved 18 April 2013.
  14. "Upper Tribunal: Who are the Judges?". Tribunals Service. Retrieved 10 November 2010.
  15. "Practice Statements on Composition of Tribunals". Tribunals Service. Retrieved 10 November 2010.
  16. "Frequently Asked Questions - 2: Can I appeal against a decision made by the First-tier Tribunal?". Tribunals Service. Retrieved 10 November 2010.