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CE-File practice direction
“In any proceedings that are started in the Tribunal on or after 4 December 2023, any document provided to the Tribunal by a party who is represented by a legal representative in the proceedings or is a body amenable to judicial review must be provided using CE-File.”
The Tribunal procedure Rules (Upper Tribunal) 2008 https://www.legislation.gov.uk/uksi/2008/2698/article/11 defines legal representative as:
“In this rule “legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act.”
What about ‘a body amenable to judicial review’? Local authorities? Who else?
Broadly, a public authority who could be on the receiving end of a JR. Materially that will be the SSWP, HMRC and LAs exercising HB functions. It would also apply to other bodies who might litigate in the UT (AAC) such as the Disclosure and Barring Service and Defence Secretary.
However the wording of the provision is that it will only apply to a party who is amenable to judicial review; so not to a member of the public. Representation by an LA doesn’t make a difference.
For completeness, I would also point out that there is a difference between a “legal representative” and a “representative” and most people on this forum will be “representatives” but not “legal representatives” so are not subject to the direction.
However the wording of the provision is that it will only apply to a party who is amenable to judicial review; so not to a member of the public. Representation by an LA doesn’t make a difference.
So, if I understand you correctly, you saying that if the LA is the respondent in the proceedings the direction applies but if the appellant is being represented by a LA advice worker it doesn’t?
Yes, unless the local authority rep is a solicitor acting as such etc.
It says:
“In any proceedings that are started in the Tribunal on or after 4 December 2023, any document provided to the Tribunal by a party who is represented by a legal representative in the proceedings or is a body amenable to judicial review must be provided using CE-File.”
i.e.
“a party who is represented by a legal representative in the proceedings” or “a party [...] who is a body amenable to judicial review”
In case of interest ... we’ve just listed a couple of webinars on the new Practice Direction:
https://www.rightsnet.org.uk/training-and-events#Upper-Tribunal-Administrative-Appeals-Chamber