Consultation launched on complex charity tribunal cases

It asks whether unusual or important cases should go straight to the Upper Tribunal

Tribunals Service
Tribunals Service

The Tribunals Service has launched a consultation on when appeals to the charity tribunal should be heard directly by a higher court.

The Upper Tribunal typically hears appeals only from what is known as the First-tier Tribunal, which was created by the Tribunals, Courts and Enforcement Act 2007.

But the Tribunals Service is proposing that parties or tribunal judges be allowed to ask for cases to be transferred straight to the Upper Tribunal if they "involve complex or unusual issues, issues of considerable public importance or where there is any other reason to do so".

The consultation does not offer any options for the conditions under which cases could be transferred.

After a consultation last year, the service decided not to single out particular types of case for automatic transfer to the Upper Tribunal.

The requirement for appellants to allow the Charity Commission to conduct an internal review of their case before lodging it with the tribunal was abolished last year.

But appellants can choose to have a review by the commission if they wish to have one.

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