(1) When the Upper Tribunal grants permission to appeal from the First-tier Tribunal, even on limited grounds, its decision is not amenable to judicial review under the Cart procedure, which, as specifically indicated by CPR 54.7A, is available only when the Upper Tribunal refuses permission.
(2) Rule 22(2)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008 has the effect that in the absence of any direction limiting the grounds which may be argued before the Upper Tribunal, the grounds contained in the application for permission are the grounds of appeal to the Upper Tribunal, even if permission is stated to have been granted on limited grounds.
(3) Rule 22(2)(b) has the complementary effect that any limitation on the grounds of appeal must be by direction and, as a direction, can be the subject of an application to amend, suspend or set aside that direction under rule 5(2) of the 2008 Rules.
[2021] UKUT 117 (IAC)
Bailii
England and Wales
Updated: 14 August 2021; Ref: scu.666425