[2024] UKUT 89 (AAC)

Proceedings before the Health, Education and Social Care Chamber of the First-tier Tribunal are governed by the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”) and Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (“the 2008 Rules”). The 2008 Rules are made under the 2007 Act by the Tribunal Procedure Committee.

Section 22(4) of the 2007 Act provides as follows:

“(4)

Power to make Tribunal Procedure Rules is to be exercised with a view to securing –

…(c) that proceedings before the First-tier Tribunal…are handled quickly and efficiently…”.

Section 29 of the 2007 Act, headed Costs or Expenses, provides as follows:

“(1)

The costs of and incidental to –

(a)

all proceedings in the First-tier Tribunal…

shall be in the discretion of the Tribunal in which the proceedings take place.

(2)

The relevant Tribunal shall have full power to determine by whom and to what extent the costs are to be paid.

(3)

Subsections (1) and (2) have effect subject to Tribunal Procedure Rules.

(4)

In any proceedings mentioned in subsection (1), the relevant Tribunal may –

(a)

disallow, or

(b)

(as the case may be) order the legal or other representative concerned to meet,

the whole of any wasted costs or such part of them as may be determined in accordance with the Tribunal Procedure Rules.

(5)

In subsection (4) “wasted costs” means any costs incurred by a party –

(a)

as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

(b)

which, in the light of any such act or omission occurring after they were incurred, the relevant Tribunal considers it unreasonable to expect that party to pay.”

Part 1 of Schedule 5 to the 2007 Act provides as follows:

“4.

Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the First-tier Tribunal…

.

Rule 10 of the 2008 Rules, headed Orders for costs, provides as follows:

“(1)…the Tribunal may make an order in respect of costs only –

(a)

under section 29(4) of the 2007 Act (wasted costs) and costs incurred in applying for such costs; or

(b)

if the Tribunal considers that a party or its representative has acted unreasonably in bringing, defending or conducting the proceedings.

…(5) An application for an order under paragraph (1) may be made at any time during the proceedings but may not be made later than 14 days after the date on which the Tribunal sends:

(a)

a decision notice recording the decision which finally disposes of all issues in the proceedings; or

(b)

notice under rule 17(6) that a withdrawal which ends the proceedings has taken effect.”

Rule 30 regulates the giving of certain decisions by the Tribunal, and provides as follows:

“(2)…the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 5) which finally disposes of all issues in the proceedings…

(a)

a decision notice stating the Tribunal’s decision;

(b)

written reasons for the decision; and

(c)

notification of any rights of review or appeal against the decision and the time within which, and the manner in which, such rights of review or appeal may be exercised.”

Rule 46 governs the making of applications to the First-tier Tribunal for permission to appeal to the Upper Tribunal:

“(1)

A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.

(2)

An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received no later than 28 days after the latest of the dates that the Tribunal sends to the person making the application –

(za) the relevant decision notice;

(a)

written reasons for the decision, if the decision disposes of –

(i)

all issues in the proceedings…”.

Rule 47 sets out how the Tribunal is to deal with an application for permission to appeal, and includes the following:

“(3)

The Tribunal must send a record of its decision to the parties as soon as practicable.

(4)

If the Tribunal refuses permission to appeal it must send with the record of its decision –

(a)

a statement of its reasons for such refusal; and

(b)

notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.”