The 'Administrative Appeals Chamber' of the Upper Tribunal

Author: Jonathan Mitchell QC | Posted: November 3, 2008

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The 'Administrative Appeals Chamber' of the Upper Tribunal

This important new tribunal, with judicial review jurisdiction, really deserves a far fuller article than this.  However, this note should I hope give the basic information on the Administrative Appeals Chamber which comes into existence in Scotland on 3 November.  I would particularly welcome corrections, additions, updatings, or further links on this item: comments at  http://www.jonathanmitchell.info/2008/10/30/the-new-administrative-appeals-chamber-in-scotland/ please.

The Tribunals, Courts, and Enforcement Act 2007 established on the face of the Act two new tribunals, a 'First-tier Tribunal' and an 'Upper Tribunal', with a UK-wide jurisdiction.  The First-tier Tribunal is not my immediate concern; it has three 'chambers' which take over the functions of a wide range of existing tribunals and other bodies. The Upper Tribunal has only one 'chamber'; the 'Administrative Appeals Chamber'.  This has two broad functions; to hear appeals from the First-tier Tribunal and to decide judicial reviews transferred to it from the Court of Session, or the English or Northern Irish High Courts.  With effect from 3 November, the Court of Session has, under section 20 of the 2007 Act, the power to transfer any application to the supervisory jurisdiction to the Administrative Appeals Chamber if three conditions are met.

(Continued.  For full article please click on the link at the top of the page.)