The Issue
3.The issue hereby determined is whether a party to appeal proceedings in the Upper Tribunal (the “UT”) has a right to apply for permission to appeal to the Court of Appeal against a determination of the UT incorporating the twin elements of (a) finding an error of law in the decision of the First-tier Tribunal (the “FtT”) and setting such decision aside accordingly. While these are the specific contours of the question which has arisen in the instant case, it may be said that the broader question which arises is whether there is a right to apply for permission to appeal to the Court of Appeal against any act or determination of the UT which is not finally dispositive of the appeal of which it is seized. The resolution of this issue hinges on two provisions of primary legislation, namely Sections 12 and 13 of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act”).
- 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