“Overriding objective and parties’ obligation to co-operate with the Upper Tribunal
(1) The overriding objective of these Rules is to enable the Upper Tribunal to deal with cases fairly and justly.(2) Dealing with a case fairly and justly includes -(a) dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;(b) avoiding unnecessary formality and seeking flexibility in the proceedings;(c) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;(d) using any special expertise of the Upper Tribunal effectively; and(e) avoiding delay, so far as compatible with proper consideration of the issues.(3) The Upper Tribunal must seek to give effect to the overriding objective when it -(a) exercises any power under these Rules; or(b) interprets any rule or practice direction.(4) Parties must -(a) help the Upper Tribunal to further the overriding objective; and(b) co-operate with the Upper Tribunal generally.”Next, the UT is given extensive case management powers:
- Direction Regarding Anonymity – Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
- Introduction
- The Issue
- The Proceedings to Date
- Statutory Framework
- “Right of appeal to the Tribunal
- “Pending appeal
- Section 11
- “Right to appeal to Upper Tribunal
- “Proceedings on appeal to Upper Tribunal
- “Right to appeal to Court of Appeal etc.
- “Overriding objective and parties’ obligation to co-operate with the Upper Tribunal
- “Case management powers
- The Parties’ Contentions In Outline
- Discussion
- A right of appeal is conferred by statute or equivalent legislative authority; it is not a mere matter of practice or procedure and neither the superior nor the inferior Court or Tribunal nor both combined can create or take away such a right.
- Evans v Bartlam
- Re D (A Child)
- R v Z
- R (Quintavalle) v the Secretary of State for Health
- Brown v Dean
- R v Pinfold
- Hewitson v Hewitson
- R v Director of Public Prosecutions, ex Parte Kebeline
- McLuckie v Coroner for Northern Ireland
- further
- partial
- Conclusion