UT/2022/000070 - [2024] UKUT 00364 (TCC)

The Upper Tribunal has power to determine the Anonymity Application under Rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the “Rules”), which permits the Tribunal to “make an order prohibiting the disclosure or publication of (a) specified documents or information relating to the proceedings, or (b) any matter likely to lead members of the public to identify any person whom the Upper Tribunal considers should not be identified”.

While the Rules contain no equivalent to CPR 5.4C, the Upper Tribunal has an inherent power to grant a third party access to any document relating to proceedings which is held in the Upper Tribunal’s records. Section 25 of the Tribunals, Courts and Enforcement Act 2007 also confers on the Tribunal all the powers of the High Court in relation to the production and inspection of documents. We therefore have power to determine the Disclosure Application.