Commentary

V5.476 Appeal to the Upper Tribunal and beyond

Part V5 Compliance, enforcement and appeals

V5.476 Appeal to the Upper Tribunal and beyond

Further appeal

V5.476 Appeal to the Upper Tribunal and beyond

Appeals from a decision of the First-Tier Tribunal are made in accordance with TCEA 2007, s 11. Any party to a case1 has the right of appeal on a point of law to the Upper Tribunal2. This right does not apply to 'excluded decisions', ie3:

  1.  

    •     a decision by the First-tier Tribunal under the provisions set out in V5.461 (review of First-tier Tribunal decision)

  2.  

    •     a decision of the First-tier Tribunal which is set aside under the provisions set out in V5.461 (review of First-tier Tribunal decision), or

  3.  

    •     any decision of the First-tier Tribunal which is of a description specified in an order made by the Lord Chancellor

The High Court has held, in a case that pre-dated the current tribunal provisions, that the delay by a tribunal in releasing its decision was not grounds for appeal or judicial review as it could not be shown that the delay had tainted the tribunal's findings. It commented, however, that the tribunal's decision should normally be released within three months of the date of the final submissions4.

Application for appeal

An appeal may be made only with the permission of the First-tier Tribunal or the Upper Tribunal on an application by the party5. An application to the Upper Tribunal may be made only if an application to the First-tier Tribunal has been refused or not admitted6.

Application to First-tier Tribunal

An application to the First-Tier Tribunal must be made in writing so that it

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