Appeals
| Author | Simon Adamyk |
| Pages | 227-286 |
SCOPE OF THIS CHAPTER
6.1 This chapter deals with the right of appeal to the First-tier Tribunal and the circumstances in which there can be a further appeal to the Upper Tribunal and then to the Court of Appeal.
RIGHT OF REVIEW AND APPEAL IN GENERAL
6.2 The Act and the Regulations contain provisions for a listing decision and a compensation decision to be challenged by the owner of the land in question (or a former owner in the case of a compensation decision). There are two successive such rights of challenge:
(a) first, there is a right to an internal review by the local authority of its own decision;
(b) subsequently, there is a right of appeal to the General Regulatory Chamber of the First-tier Tribunal
(paras 3.164–3.175). In respect of compensation reviews, see reg 16 and Sch 2, which are dealt with in Chapter 5 (paras 5.151–5.154).
(6)(d)). In respect of compensation appeals, see reg 17 (made under the regulation-making power in s 99(1) and (2)(c)(vii)).
228 Assets of Community Value: Law and Practice
WHO MAY APPEAL?
6.3 In the case of an appeal against a listing review, the right of appeal to the First-tier Tribunal is in the owner of the listed land.
6.4 However, in the case of an appeal against a compensation review, only the person who requested the review may appeal to the First-tier Tribunal.
APPEAL IS AGAINST A REVIEW DECISION
6.5 As the right of appeal is only in respect of a listing review or a compensation review,
NO RIGHT OF REVIEW OR APPEAL FOR AN UNSUCCESSFUL NOMINATOR
6.6 It is important to note that these rights of review and appeal are asymmetric. In other words, while the owner of an asset which is listed may request a review of the listing decision and can appeal to the First-tier Tribunal, an unsuccessful
nominator cannot. Instead, an unsuccessful nominator is limited to an application to the High Court for judicial review of the local authority’s decision.
APPEAL BOTH ON POINTS OF LAW AND FINDINGS OF FACT
6.7 An appeal to the First-tier Tribunal may be both on points of law and on findings of fact. Neither regulation 11 (listing appeals) nor regulation 17 (compensation appeals) limits the right of appeal to points of law.
NO STAY OR SUSPENSION OF LISTING PENDING AN APPEAL
6.8 There is no provision in the Act or the Regulations for the suspension of listing during an internal review by the local authority
THE FIRST-TIER TRIBUNAL AND THE UPPER TRIBUNAL IN GENERAL
Creation of First-tier Tribunal and Upper Tribunal
6.9 The First-tier Tribunal
Enforcement Act 2007, s 3(1).
230 Assets of Community Value: Law and Practice
tribunal structure. The appeal functions of many existing tribunals have been transferred to this structure by various statutory instruments made under the 2007 Act.
Tribunal chambers
6.10 The First-tier Tribunal and the Upper Tribunal are each divided into a number of different ‘chambers’.
6.11 The First-tier Tribunal is currently organised into seven chambers: the General Regulatory Chamber; the Health, Education and Social Care Chamber; the Immigration and Asylum Chamber; the Property Chamber; the Social Entitlement Chamber; the Tax Chamber; and the War Pensions and Armed Forces Compensation Chamber.
6.12 The Upper Tribunal is currently organised into four chambers: the Administrative Appeals Chamber; the Immigration and Asylum Chamber of the Upper Tribunal; the Lands Chamber; and the Tax and Chancery Chamber.
Precedent – Upper Tribunal
6.13 The Upper Tribunal is a superior court of record.
[2010] UKUT 454 (AAC), [2011] MHLR 37 at [43].
General [2015] UKSC 21, [2015] AC 1787 at [2] and [16].
is not bound by decisions of the High Court.
Until further guidance is available as to the precedential authority to be given to various constitutions of the [Administrative Appeals Chamber] (either through a Practice Direction or case law), the principles laid down in paragraphs 19–21 of R(I) 12/75[24] as applicable to Tribunals of Commissioners in social security cases should continue to be applied in the [Administrative Appeals Chamber] where a Three-Judge Panel sits to hear a case involving a question of law of special difficulty or...
To continue reading
Request your trial