Tax and Chancery (Upper Tribunal) guidance
The Upper Tribunal (Tax and Chancery Chamber) aims to assist those wishing to appeal against, or involved in decisions of the First–tier Tribunal in Tax or Charity cases and people wishing to refer matters relating to certain decisions of the Financial Services Authority and the Pensions Regulator. These pages also aim to assist those who wish to appeal the decision of the Independent Valuer in the case of the Northern Rock shares valuation.
The Tax and Chancery Chamber also has the power to judicially review decisions in certain circumstances.
The Upper Tribunal is a Superior Court of Record. The Tax and Chancery Chamber has UK wide jurisdiction in tax cases and references against decisions of the Financial Services Authority; for charity cases its jurisdiction extends to England and Wales. In references against decisions of the Pensions Regulator it has jurisdiction in England, Wales and Scotland. The chamber also has the power of judicial review in certain instances.
Tax and Charity applications and appeals
The Tax and Chancery Chamber decides applications for permission to appeal and appeals on points of law from decisions of the First-tier Tribunal in tax and charity cases. It also has a limited first-instance jurisdiction if cases are transferred from the First-tier Tribunal.
Financial Services cases
The Upper Tribunal also hears references arising from decision notices issued by the Financial Services Authority (FSA) and the Pensions Regulator. The decision notices may cover a wide range of regulatory and disciplinary matters.
The firm or the individual to whom the notice is directed has the right to refer the matter to the Upper Tribunal. The Tribunal determines what the appropriate action is for the FSA or the Pensions Regulator to take.
References against decisions of the FSA
Such references may be related to:
- authorisation and permission
- penalties for market abuse
- disciplinary matters
- official listing
References arising from decisions made by the Pensions Regulator
References (but only in accordance with section 102 of the Pensions Act 2004) arising from decisions made by the Pensions Regulator in a determination notice or a final notice.
References arising from the decision of the Independent Valuer in the case of the Northern Rock shares valuation
The Upper Tribunal; will also hear references from the valuation notice made by the appointed Valuer in the instance of the Northern Rock shares valuation.
The chamber also has the power to judicially review decisions of:
- the First-tier Tribunal made where there is no right of appeal to the Upper Tribunal
- HMRC, except in social security matters assigned to the Social Entitlement Chamber of the First-tier Tribunal
- certain cases relating to the proceeds of crime
- the FSA
- the Bank of England
- certain decisions relation to banking regulations
- a decision relating to the assessment of compensation or consideration under the Banking (Special Provisions) Act 2008
- a reference against decisions of the Pensions Regulator
- functions of the Charity Commission.
The judges of the Upper Tribunal (Tax and Chancery Chamber) are High Court judges as well as specialist tax, charity and finance judiciary. Mr Justice Warren is the President of the chamber. The Office of the Upper Tribunal (Tax and Chancery Chamber) is in Bedford Square, London.