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. Legal and Ordinary members are recommended by JABS.
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.
Eligibility
Eligibility criteria for legal and ordinary members are:
The eligibility criteria for legal members are contained in the Scottish Tribunals (Eligibility for Appointment) Regulations 2015 (regulation 5) made under schedule 5, part 2 of the Tribunals (Scotland) Act 2014.
To be eligible for appointment as a legal member you must have:
(i) Previous engagement in practice for a period of not less than 7 years as a solicitor or advocate in Scotland; and subsequent engagement in any of the following:
(a) Practice or employment as a lawyer of any kind; or
(b) Exercising judicial functions in any court or tribunal.
The 7-year period as a solicitor or advocate in Scotland referred to above (and the 7-year period referred to in paragraph 5(1) of schedule 5 to the Act) may be calculated on a cumulative or a continuous basis.
A person is not to be treated as having satisfied the criteria at (i) above if the person has been debarred from the person’s professional body or if the person has been subject to any sanction that would have led to such debarment had the person not ceased to belong to the professional body.
The Scottish Parliament (Disqualifications) Order 2020 also applies to this office.
To be eligible to sit as an ordinary member with surveyor experience, you must:
- Be a member or fellow of the Royal Institution of Chartered Surveyors (RICS); and
- Have at least 10 years’ experience as such a member or fellow in matters relating to valuation for rating.
The Role of Members of the Upper Tribunal
Members of all categories are appointed to sit as part of a panel within the Upper Tribunal. They contribute professional expertise through experience to support informed and balanced decision making. Working collaboratively members help to ensure the fair, impartial and efficient determination of cases.
The role requires members to analyse complex information, apply sound professional and legal judgement and form clear, well-reasoned decisions. Members are expected to demonstrate the highest standards of legal and professional knowledge, skill and experience.
Members will be expected to:
- Panel Participation and Decision‑Making
- Sit as part of a panel and work collaboratively with other judicial office holders.
- Participate effectively and impartially in hearings and in the collective decision‑making process.
- Possess the ability to analyse and assess complex evidence and arguments, assess complex areas of law, weigh conflicting information, absorb a variety of facts and opinions and identify matters of relevance.
- Expert Contribution
- Contribute professional (ordinary member) or legal (legal members) expertise and experience to the tribunal's consideration and determination of appeals.
- Contribute to decisions and statements of reasons which accurately reflect the tribunal's findings and collective conclusions.
- Conduct and Engagement
- Be courteous, considerate and respectful to all Tribunal users and staff.
- Demonstrate sensitivity to individuals from different backgrounds and circumstances.
- Engage openly, positively and effectively with parties and the public.
- Preparation and Casework
- Read and familiarise themselves with case papers (“the bundle”) in advance of hearings.
- Carry out any other reasonably required tasks that support tribunal proceedings.