The Upper Tribunal’s case management powers

The Upper Tribunal can give an order in relation to the conduct of proceedings.

This includes an order amending, suspending or setting aside an earlier order.

In particular, it can do any of the following (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 8(3)) :

• join two or more sets of proceedings or hear them at the same time, if they raise common issues
• allow or require a party to amend a document
• allow or require a party or another person to provide documents, information, evidence or submissions
• deal with an issue in the proceedings as a preliminary issue. This is an issue that is dealt with ahead of other issues. This is because the way it is decided will determine how the other issues should be approached
• hold a hearing to consider any matter, including a case management issue
• adjourn, postpone, or decide the form of a hearing
• require a party to produce or lodge documents
• sist proceedings: this means to suspend proceedings
• transfer proceedings to another court or tribunal both:
  • if that other court or tribunal has jurisdiction in relation to the proceedings
  • and because of a change of circumstances since the proceedings were started, the Upper Tribunal no longer has jurisdiction in relation to the proceedings.
• transfer proceedings to another court or tribunal. This is if the Upper Tribunal considers that the other court or tribunal is a more appropriate forum for determining the case
• suspend the effect of its own decision pending an appeal of its decision
• suspend the effect of the decision of the First-tier Tribunal that is being appealed. This is pending the determination of any permission to appeal or any appeal
• require the First-tier Tribunal to provide either or both:
  • reasons for their decision
  • other information or documents in relation to the decision

The Upper Tribunal can also specify that a case is a lead case or that multiple cases are lead cases in a situation where:

• two or more cases are before the Upper Tribunal
• the proceedings have not been finally determined
• the cases give rise to common or related issues of fact or law

The Upper Tribunal can also sist the other cases until the common or related issues have been determined.