Limiting of operations within the Upper Tribunal in Scotland and Northern Ireland during the coronavirus pandemic

President of the Upper Tribunal Administrative Appeals Chamber issues new guidance

The President of the Upper Tribunal Administrative Appeals Chamber Dame Judith Farbey has issued new guidance limiting operations within the Upper Tribunal in Scotland and Northern Ireland during the coronavirus pandemic.

In relation to the Upper Tribunal (Administrative Appeals Chamber) (UTAAC) in Scotland, Dame Judith advises that, until further notice - 

• no applications for permission to appeal will be determined and no new case management directions will be made or issued other than in cases of urgency; and
• appeals that are ready for decision will be placed before a judge in date order - where a judge decides that a hearing is necessary and it is reasonably practicable for one to take place, the Statement from the President of the Upper Tribunal Administrative Appeals Chamber applies.

Also until further notice, and in respect of the UTAAC in Northern Ireland, Dame Judith says - 

• there will be no face to face hearings - all listed hearings (by telephone or skype or other similar technology) will be heard remotely or, if the judge decides that is not reasonably practicable and in accordance with the overriding objective, will be adjourned until it is possible to hold a face to face hearing; and
• the parties should seek to comply with any directions that have been made - where the impact of the COVID-19 pandemic leads to delay in complying with directions, a brief explanation should be provided.

NB - both sets of guidance highlight that there have been no change to time limits, for example for appealing or complying with directions or the rules.

The Guidance for Users in Scotland and the Guidance for Users in Northern Ireland are available from judiciary.uk