Upper Tribunal

The Upper Tribunal hears and decides cases transferred or referred to it from the First-tier Tribunal for Scotland (First-tier Tribunal) and hears and decides appeals on decisions of the Chambers of the First-tier Tribunal.   Appellants must seek permission to appeal from the First-tier Tribunal before coming to the Upper Tribunal.

Appeals are heard by senators of the College of Justice, sheriffs or other members. 

Whilst the Upper Tribunal is primarily an appellate tribunal, it does, on occasion, hear cases at first instance.  

Unlike the First-tier Tribunal, the Upper Tribunal is not separated into Chambers.  The Upper Tribunal has three types of member:

• Judicial,
• Legal, and
• Ordinary

Judicial members are appointed by the Lord President  need to check to make sure that is correct.

By nature, appeals heard in the Upper Tribunal involve complex issues of law and procedure.  Decision made by the Upper Tribunal are binding on the First-tier Tribunal whilst appeals against decisions of the Upper Tribunal are made by the Court of Session.