Decisions - Alternative Business Structures
The tribunal decision
The Tribunal will take its decision based on the evidence provided. If there is a hearing, they may be able to tell you what the decision is on the day. In any event you will receive a full written decision as soon as possible sent to you by post, email or other means.
The tribunal rarely awards costs in proceedings but may do so if a party acts unreasonably. Please refer to Rule 10 of the Tribunal Procedure (First-tier) (General Regulatory Chamber) Rules 2009.
Setting aside or appealing the decision
There are two ways to do this both of which will involve you writing to us within 28 days of the date the tribunal’s decision was sent to you (i.e. the date at the end of the written decision) giving reasons why you seek are applying to set aside the decision or are appealing it.
They are as follows:
Making an application to set aside the decision
You can ask the tribunal to set aside the decision if any of the following errors in the procedure have happened:
- a relevant document in your case was not received in time to be considered by the appeal panel;
- you or your representative was not present at the hearing; or
- you think there was some irregularity in the proceedings.
Applying for permission to appeal the tribunal's decision
You can appeal to the Upper Tribunal where the decision of the tribunal was wrong in law. Examples of this include:
- The tribunal did not apply the correct law or wrongly interpreted the law.
- The tribunal made a procedural error.
- The tribunal had no evidence, or not enough evidence, to support its decision.
- The tribunal did not give adequate reasons for its decision in the written statement of its reasons.
However, you must first apply to the first-tier tribunal asking for permission to appeal. On receipt of an appeal application, the tribunal will first consider whether to review its decision based on your reasons for appeal. A fresh decision may be issued following a review or the tribunal may grant or refuse you permission to appeal to the Administrative Appeals Chamber in the Upper Tribunal.
In order to apply for permission to appeal, you must complete the appeal form. It is advisable to read the guidance notes below before completing the application.
Notice of appeal form (PDF 0.05mb)
Notice of appeal form (Word 0.26mb)
Explanatory Notes for Appeals (PDF 0.0 3mb)
If you are given permission to appeal to the Upper Tribunal, it is your responsibility to make the appeal. You should do so without delay because you have just 28 days between being given permission to appeal and notifying the Upper Tribunal of your appeal.
If the tribunal decides that a review is not appropriate and if it refuses your application to appeal, you can apply direct to the Upper Tribunal for permission to appeal. To do so you should contact:
Contacting the Upper Tribunal (Administrative Appeals Chamber)
Upper Tribunal (Administrative Appeals Chamber)
5th Floor Rolls Building
7 Rolls Buildings, Fetter Lane,
London, EC4A 1NL
Tel: 020 7071 5662
Fax: 020 7071 5663
The Upper Tribunal Office (Administrative Appeals Chamber)
Civil Justice Centre
2 Park Street
Cardiff CF10 1ET
Tel: 02920 662257