Open consultation: Reforms to arrangements for obtaining permission to the Court of Appeal

Tribunal Procedure Committee

November 30
14:45 2020

The proposals are two-fold with the aim of improving the efficiency of the unified tribunal system by limiting the extent to which an unsuccessful litigant can require the Court of Appeal to further examine judicial decisions made in the Upper Tribunal. The 2 proposals are:

  1. In the case of a second appeal which are appeals challenging certain kinds of decisions from the Upper Tribunal to the Court of Appeal, if the Upper Tribunal refuses permission to appeal to the Court of Appeal, the losing party may only apply directly to the Court of Appeal for permission to appeal for reasons of exceptional public interest. If the Upper Tribunal is uncertain whether to grant or refuse permission to appeal, they may refer the application for permission to appeal for determination by the Court of Appeal (which will be determined in the usual way on the papers, unless the judge directs an oral hearing).

  2. Where a judge of the Upper Tribunal has certified an application for judicial review to be totally without merit, there should be a right of review before another Upper Tribunal judge but no right to apply for permission to appeal to the Court of Appeal.

In addition, we are proposing to consult on a minor amendment to s.13 Tribunals, Courts and Enforcement Act 2007 regarding remedying an inconsistency in second appeals to the Court of Session.

The responses to this consultation will help inform decisions.


Consultation document

Impact assessment

Ways to respond

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