Claims Management Services Tribunal guidance
The Claims Management Services Tribunal was established by the Compensation Act 2006 to administer appeals relating to decisions of the Claims Regulator. A person may not provide regulated claims management services unless; he is an authorised person, is an exempt person, the requirement for authorisation has been waived in relation to him in accordance with regulations under section 9, or he is an individual acting otherwise than in the course of a business. The Regulator may apply to the court for an injunction restraining a person from providing regulated claims management services in these instances.
The Secretary of State may order the Regulator to; authorise persons to provide regulated claims management services, regulate the conduct of authorised persons or exercise such other functions as are conferred on the Regulator.
From 18 January 2010, the Claims Management Services Tribunal ceased to exist and its functions were transferred to the First-Tier Tribunal (Claims Management Services). At the same time, the judicial office holders and members of the Claims Management Services Tribunal became judicial office holders and members of the First-tier Tribunal (Claims Management Services). The transfer is part of a programme of Tribunal reform that began with the establishment of the First-tier Tribunal and Upper Tribunal within the Tribunals Service in November 2008, putting in place a more flexible structure that can accommodate the changing need of users.
The First-tier Tribunal deals with appeals across a range of subject areas, grouped together in a series of chambers. Appeals against decisions of the Regulator are now to the General Regulatory Chamber (GRC) of the First-tier Tribunal. The GRC has its own Rules which supersedes the Rules of individual tribunals. The Compensation Act 2006 generally no longer applies from 18 January 2010. The new Rules are the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. Appeals to the Claims Management Services Tribunal that were outstanding as at 18 January 2010 have become appeals to the First-tier Tribunal (Claims Management Services).
Onward appeals from the First-tier Tribunal (Claims Management Services) are to the Upper Tribunal Administrative Appeal Chamber and can be made with permission, on a point of law arising from a decision of the First-tier Tribunal.
Role of the First-tier Tribunal (Claims Management Services)
The role of the First-tier Tribunal (Claims Management Services) is to hear appeals from businesses and individuals who provide claims management services in areas including:
- Personal injury
- Criminal injuries compensation
- Employment matters
- Housing disrepair
- Financial products and services
- Industrial injury disablement benefits
The Tribunal considers cases where the Claims Management Regulator has refused them authorisation or imposed sanctions on them.
The First-tier Tribunal (Claims Management Services) forms part of the General Regulatory Chamber of the First-tier Tribunal. It is administered by the Tribunals Service, an agency of the Ministry of Justice.
Appeals against decisions of the First-tier Tribunal (Claims Management Services) lie directly, with the permission of the Tribunal, to the Upper Tribunal (Administrative Appeals Chamber).