This Practice Note discusses the procedure for appealing against a decision of the Gambling Commission (the Commission). It includes information on fees and time limits. Appealing against a decision of the Gambling Commission Appeals against the Commission decisions are made to the First-tier Tribunal (Gambling) (the Tribunal). The Tribunal was established in 2008 and is administered by HM Courts and Tribunals Service (HMCTS). Appeals are usually heard by a single judge. The Commission administers operating licences and personal licences under the Gambling Act 2005 (GA 2005). All applicants or licence holders have a right of appeal to the Tribunal if they disagree with a decision of the Commission in respect of a licence. For more information, see Practice Note: The Gambling Commission—compliance and enforcement powers. The Tribunal’s jurisdiction is defined by GA 2005, Pt 7 and the statutory framework within which it operates is provided by both the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, SI 2009/1976 (as amended) and the

Jurisdiction of the First-tier Tribunal to hear challenges to food law decisions The First-tier Tribunal (General Regulatory Chamber) is the designated tribunal for hearing appeals against food labelling and food improvement notices issued by: • the Food Standards Agency (FSA) • the Department for Environment, Food and Rural Affairs (Defra) • the Local Authority Trading Standards Departments Note that only challenges to certain food related regulator decisions are heard by the First-tier Tribunal. Other challenges must be brought by way of appeal in the magistrates' courts. The requisite legal provisions dictate whether an appeal should be made to the First-tier tribunal or to the magistrates’ court. The Tribunal deals with appeals against the following decisions of these regulators: • decisions under the Fish Labelling Regulations 2013, SI 2013/1768 • decisions under the Fruit Juices and Fruit Nectars (England) Regulations 2013, SI 2013/2775 • decisions under the Food Information Regulations 2014, SI 2014/1855 • decisions under the Products Containing Meat etc (England) Regulations 2014, SI 2014/3001 Note that the Tribunal does

Civil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note introduces the Inner House of the Court of Session and considers its structure, jurisdiction, personnel and court rolls. The note outlines the main types of appeal that it is competent to make to the Inner House and summarises the nature, time-limits and procedure for: • applications for a new civil jury trial • appeals from the Sheriff Appeal Court • statutory appeals • appeals by way of stated case • petitions to the nobile officium For detailed guidance on reclaiming motions, see Practice Note: Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of the Court of Session in Scotland—checklist. For guidance on: • appeals

The Supreme Court is the superior court of record in the UK. It: • hears appeals on arguable points of law of general public importance for the whole of the United Kingdom (in civil cases) and for England, Wales and Northern Ireland (in criminal cases) • decides devolution and compatibility issues, that is, issues about whether the devolved executive and legislative authorities have acted or propose to act beyond their powers or have failed to comply with a duty imposed on them • considers references from lower courts or the law officers concerning issues relating to retained European Union law For further information, see Practice Note: Supreme Court—role, structure and powers—on or after 2 December 2024. Supreme Court Rules and Practice Directions The Supreme Court Rules 2024 (SCR) came into force on 2 December 2024. They apply to civil and criminal appeals to the Supreme Court, and to appeals and references under the Supreme Court’s devolution and assimilated law jurisdiction. In addition, the Supreme Court has published new practice directions

This Practice Note provides guidance on those aspects of procedure and practice that are particular to appeals to the UK Supreme Court from a decision of the Inner House of the Court of Session in Scotland. It links out to our England and Wales guidance on civil appeals to the Supreme Court, for those elements of the process that apply equally to appeals from Scottish cases. For guidance on: • appeals to and in the Sheriff Appeal Court, see Practice Notes: Introduction to the Scottish Sheriff Appeal Court, Special incidental procedures in the Scottish Sheriff Appeal Court, Starting an appeal in the Scottish Sheriff Appeal Court and Chapter 7 procedure in the Scottish Sheriff Appeal Court • appeals to and in the Inner House of the Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland, Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of

NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions governing permission to appeal, see Practice Note: Grounds for appealing and preliminary considerations—Is it possible to re-open an appeal (including an application for permission to appeal)?. Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents. Principles The Court of Appeal or the High Court can only re-open a final determination of any appeal in three situations. These are: • where it is necessary to do so in order to avoid real injustice • the circumstances are exceptional and make it appropriate, and • there is no alternative remedy The Court of Appeal has clearly stated that CPR 52.17: '.. does not exist to allow unsuccessful litigants to re-argue

This Practice Note provides information on the appeal court’s power to order costs, whether these costs can be summarily assessed and/or ordered on an indemnity basis. whether it is possible to recover the costs incurred during an appeal. It considers the Supreme Court’s power to order costs along with the specific costs provisions in relation to skeleton arguments. It also provides information on the respondent’s costs in relation to an application for permission to appeal as well as costs on settlement, disposal, dismissal or discontinuance of the appeal For guidance on appealing an order for costs, see Practice Note: Appeals against cost orders. This Practice Note does not deal with the issue of costs recovery under a statutory appeal. Type of work undertaken on appeal The type of work undertaken on making an appeal means that counsel’s fees are likely to exceed those of the solicitors. Where both counsel and solicitors have been instructed on a short appeal, the postscript part of the judgment of the Court of Appeal in Jofa v Benherst Finance (2019) suggests that

Reforms to the family justice system that took effect on 22 April 2014 made changes to appeals, in particular as a result of the introduction of the Family Court. Certain appeals from circuit judges and recorders lie to the High Court rather than the Court of Appeal from 3 October 2016 (unless they are second appeals which lie to the Court of Appeal). The key provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 at FPR 2010, SI 2010/2955, Pt 30, and in the supporting Practice Directions FPR 2010, PD 30A and FPR 2010, PD 30B, together with the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014, SI 2014/602 (as amended). With effect from 1 February 2021, provision is made by FPR 2010, PD 41C (Proceedings by Electronic Means: Appeals in Family Proceedings Heard in the High Court) for appeal proceedings in the Family Division of the High Court to proceed by electronic means using an online case management system in specified circumstances. See Practice Note: High

This Practice Note has been written by Anne Redston, Barrister. It is her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. This Practice Note outlines what happens after your client receives the First-tier Tax Tribunal (FTT) decision notice. It discusses: • the options, if you are unhappy with the decision, including: ◦ textual corrections to the decision ◦ asking for the decision to be set aside, and/or ◦ asking for permission to appeal the decision to the Upper Tribunal (UT) • when a taxpayer is likely to be granted permission to appeal, and • the costs implications of further litigation Before you read this Practice Note, you should read Practice Note: Appealing an HMRC decision. This Practice Note, and the other Practice Notes on appealing to the FTT, are only a summary; they do not cover all situations. You may need to take further advice in relation to your client’s appeal position. This Practice Note does not cover judicial review in tax

Basis of the right to re-open a final determination of an appeal The jurisdiction to re-open a final decision was established in Taylor v Lawrence. There, it was held that the Court of Appeal possesses a residual jurisdiction 'to avoid real injustice in exceptional circumstances'. The exercise of the power identified in Taylor v Lawrence is regulated by CPR 52.30 (Helios Oryx v Trustco Group Holdings). The Court of Appeal has emphasised that CPR 52.30 was passed to limit, not to extend, the operation of the jurisdiction under Taylor v Lawrence—only circumstances which are exceptional and which make it appropriate to reopen the appeal as exemplified by Taylor v Lawrence and subsequent cases engage the rule (Jaffray v Society of Lloyds; Ingenious Games v HMRC). CPR 52.30 provides that the Court of Appeal or High Court will not re-open a ‘final determination of any appeal’, including an application for permission to appeal, unless: • it is necessary so as to avoid real injustice • the circumstances are exceptional

A notice in the nominated registry setting out the caveator's interest contrary to that of the person warning.

A person who is appealing against a decision of the court.