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.  Decisions made by the Upper Tribunal are binding on the First-tier Tribunal whilst appeals against decisions of the Upper Tribunal are heard by the Court of Session. 

Eligibility

Eligibility criteria for legal and ordinary members are:

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.

Personal and Judicial Qualities

As well as the statutory eligibility requirements, applicants are also required to demonstrate personal and judicial qualities:

• Legal and Professional Knowledge
  • A high level of professional or legal knowledge and expertise in relevant matters, sufficient to deal with cases which will come before the Upper Tribunal.
  • Willingness and ability to maintain the requisite legal, professional and technical knowledge and skills.
  • Credibility within the professions.
• Working With Others
  • Work collaboratively and effectively as part of a team of judicial office holders and be proactive throughout the process, providing expert advice as necessary.
  • Manage difficult and complex issues which may arise in hearings in an inclusive and supportive manner, with care and sensitivity.
  • Is self-aware and uses feedback and self-reflection.
• Exercising Judgement
  • Remains impartial and open minded and is seen to be fair to all.
  • Is able to absorb and distil complex arguments, summarise issues, and apply professional knowledge to support well reasoned decisions.
  • Is able to focus on salient information and ask probing, focused questions in a way that is appropriate to those being questioned.
• Managing Work Effectively
  • Is able to deliver work to an appropriate standard while meeting case timetable deadlines.
  • Is able to manage their own time, cases and other duties effectively.
• Communicating Effectively
  • Ability to communicate in an inclusive and respectful manner, varying style as necessary to meet the needs of judicial office holders, parties and witnesses. 
  • Listens with care, patience and respect.
  • Participate fully in deliberations before, during and after the hearing, conveying complex professional knowledge clearly, and challenging other tribunal members appropriately where necessary.