Making a reference to the Upper Tribunal following an FCA decision
Making a reference to the Upper Tribunal following an FCA decision

The following Financial Services practice note provides comprehensive and up to date legal information covering:

  • Making a reference to the Upper Tribunal following an FCA decision
  • What is the Upper Tribunal (Tax and Chancery Chamber)?
  • How to make a reference to the Upper Tribunal
  • Grounds for referring a decision
  • How the case will proceed
  • Oral hearing
  • The decision of the Tribunal on the reference
  • Appeals
  • Judicial review

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime.

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices from 2014 to 2020. The Database, available here, may be searched and filtered by rule breach, keyword, sector, date, seriousness, aggravating and mitigating factors, financial penalty, and other actions such as appeals.

What is the Upper Tribunal (Tax and Chancery Chamber)?

The Upper Tribunal is an appellate tribunal created by the Tribunals, Courts and Enforcement Act 2007. The Tax and Chancery Chamber is the part of the Upper Tribunal which, among other things, hears references arising from certain decisions and notices issued by the Financial Conduct Authority (FCA).

The Upper Tribunal consists of specialist judges appointed by the Lord Chancellor. The judges of the Tax and Chancery Chamber are High Court judges as well as specialist tax, charity and finance judiciary. Most importantly, all judges are independent of,

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