Upper Tribunal's decision

The Upper Tribunal can agree with and uphold the decision made by the First-tier Tribunal on the point of law. If it does not agree with the decision, it can quash the decision.

If it quashes the decision of the First-tier Tribunal, the Upper Tribunal can:

• re-make the decision
• send the case back to the First-tier Tribunal
• make another order as it considers appropriate.

In re-making the decision, the Upper Tribunal can do anything that the First-tier Tribunal could do when re-making the decision and reach findings in fact as it considers appropriate.

In remitting the case to the First-tier Tribunal, the Upper Tribunal can give directions for the First-tier Tribunal’s reconsideration. For example, it can give directions on:

• issues of law or facts
• procedural issues, including which Tribunal members should be chosen to reconsider the case.

The Upper Tribunal must give each party a decision notice which both:

• states its decision
• tells the parties if they have any appeal rights and the time limits and manner for appealing.

The Upper Tribunal must do this as soon as reasonably practicable after making the decision.

A party can request written reasons if the Upper Tribunal does not provide them for a decision. The party must request them within 14 days of the decision being made.

The Upper Tribunal can both:

• give a decision orally at a hearing
• publish any of its decisions if it considers it is in the public interest to do so. 

The Upper Tribunal's powers to review and set aside its decisions

The Upper Tribunal can decide to review its own decision if it considers it necessary in the interests of justice to do so. It can also do so at the request of a party.

A party must apply for the Upper Tribunal to review a decision:

• in writing within 14 days of the decision being made
• explaining the reasons for applying.

The Upper Tribunal must send a copy of the application:

• to any other party involved in the proceedings
• within 10 working days beginning with the day the Upper Tribunal receives the application.

The Upper Tribunal must decide the review as soon as reasonably practicable. The same Tribunal members should decide the case if practicable. If this is not possible, members selected by the President should decide the review.

In a review, the Upper Tribunal can:

• take no action
• set the decision aside. This means they cancel it.
• correct a minor or accidental error in the decision. 

Where a decision is set aside by the Upper Tribunal in a review it can:

• re-decide the matter
• make any other order that it thinks is appropriate.

The Upper Tribunal must notify the parties of the decision as soon as is practicable.

Appealing against a decision of the Upper Tribunal

A decision of the Upper Tribunal can be appealed to the Court of Session.

A decision can be appealed by any party in the case and on a point of law only.

An appeal of an Upper Tribunal decision requires the permission of the Upper Tribunal. If the Upper Tribunal refuses its permission, permission can be requested from the Court of Session.