Form

Guidance for applying: UT11

Updated 4 December 2023

The Administrative Appeals Chamber of the Upper Tribunal decides appeals from decisions of the General Regulatory Chamber of the First-tier Tribunal in the following types of case in England:

• estate agent
• environment
• transport
• claims management
• gambling
• immigration services

The Upper Tribunal consists of specialist judges appointed by the King. Some are also judges in the courts, including the High Court. 

Form UT11 is to be used for applying to the Upper Tribunal for permission to appeal against a decision of a First-tier Tribunal, when that Tribunal has refused the application. It should also be used for appealing to the Upper Tribunal if the First-tier Tribunal has already granted permission to appeal.  

Form UT11 should be sent to the Upper Tribunal office so that it is received no later than one month after the date the First-tier Tribunal sent you notice of the refusal or grant of permission to appeal or the refusal to admit your application. If you are late, you must explain why in Part E of the form.

Before you start, you must have applied to the First-tier Tribunal for permission to appeal. The First-tier Tribunal should have provided you with information about how to do so.

Type of appeal

Please specify, by ticking the appropriate box, which area your appeal relates to.

The appellant

The word appellant describes both a person who is asking for permission to appeal to the Upper Tribunal and a person who has been given permission and is now appealing to the Upper Tribunal. Form UT11 is to be used both for applying to the Upper Tribunal for permission to appeal if you have been refused permission by the First-tier Tribunal, and for appealing if you have been granted permission to appeal by the First-tier Tribunal.  

Please give the full name of the appellant.  

In a gambling case you must be the person who applied for the licence.

If the appellant is a business, partnership, firm or the nominated contact of a limited company or plc please give the organisation’s name. If a trading name is used, please also give the company or partnership name. If a partnership, please indicate this in the organisation box.  

Please provide the address for correspondence and notify the tribunal immediately if this address changes. 

A representative is someone who is helping the appellant, dealing with the correspondence and representing them at any hearing. If you have a representative, you should give their details in the boxes provided in this section, including their status (for example, solicitor, accountant, consultant, agent, friend). The Upper Tribunal office will then correspond only with your representative.

The respondent

Please give details of the other party in the First-tier Tribunal.

The First-tier Tribunal that decided your case

The place of the First-tier Tribunal hearing, the date of the decision and the number of your case should all be on both the decision notice and the written statement of reasons.  

If the First-tier Tribunal issued or confirmed a stop notice and you wish to apply for suspension of the stop notice you should complete the appropriate questions in this section and give your reasons. In a stop notice case the Upper Tribunal judge will consider whether to abridge time if you say why your application is urgent and ask for this to be done.  

Similarly, if you asked the First-tier Tribunal to suspend the effect of their decision or you wish to ask the Upper Tribunal to suspend the effect of the First-tier Tribunal’s decision you should complete those questions and give your reasons.

Reasons for any delay

You should have applied to the First-tier Tribunal for permission to appeal within 28 days of the written reasons for its decision being issued, (or within 28 days of notification of amended reasons for or correction of its decision following review, or refusal of an application to set aside which was made in time). 

Your application or appeal to the Upper Tribunal must be made so that it is received no later than one month after the date the First-tier Tribunal sent you notice of the refusal or grant of permission to appeal or the refusal to admit your application.  

If your application or appeal to the Upper Tribunal is late, you must show a good reason for the Upper Tribunal to accept your application or appeal.

If the First-tier Tribunal did not admit your application for permission to appeal because it was late it will only be admitted if the Upper Tribunal considers that it is in the interests of justice to do so. In any event you must explain the delay.

The Upper Tribunal may take into account the length of the delay, and other matters such as the amount of money at stake, the potential importance of the case, so you can also mention these as reasons. Use the box provided on the form or a separate sheet of paper if necessary. If you use a separate piece of paper, make sure it has your name and the First-tier Tribunal reference number on it.

Reasons for appealing

You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law. You should explain clearly what the error of law the First-tier Tribunal made.

Examples of mistakes of law are that the tribunal:

• did not apply the correct law or wrongly interpreted the law

• had no evidence, or not enough evidence, to support its decision

• did not give adequate reasons (in the written statement of its reasons)

This list is not exhaustive and the First-tier Tribunal’s decision may be wrong in law for some other reason. You should explain in as much detail as possible why the decision in your particular case is wrong in law. If you are unsure whether the tribunal was wrong in law you may wish to consult an adviser but you should not miss the one month time limit for sending in your application form. 

If the First-tier Tribunal granted you permission to appeal on limited grounds and you are now appealing please state whether you also wish to apply for permission on  additional grounds and complete Part H as appropriate. 

You must also indicate what result you are seeking.

The information you give on UT11 will be treated as your main submission on the appeal (even if you are now only applying for permission to appeal). Therefore it is important that you provide all your reasons for applying in a short clear submission.

You may use a separate piece of paper if you wish, but make sure it has your full name and First-tier Tribunal reference number on it and is sent with the form.

Request for an oral hearing

If you are applying to the Upper Tribunal for permission to appeal and you or your representative wish to appear before an Upper Tribunal judge at an oral hearing of your application, fill in the relevant boxes in Part G. 

If you are refused permission to appeal (or given permission on limited grounds or subject to conditions) without an oral hearing and the judge has not certified the whole or part of your application as being totally without merit, you will be given the opportunity to ask (within 14 days) for that decision to be reconsidered at an oral hearing.

Hearings will normally be held in London but can be held in other parts of England or in Wales, Scotland or Northern Ireland. An oral hearing could be face to face or by video or phone. You will be sent further information if there is to be an oral hearing. 

Do not fill in the boxes about an oral hearing if the First-tier Tribunal has given you permission to appeal. In that case, or if you are given permission to appeal by the Upper Tribunal, you will be given an opportunity of asking for an oral hearing of  your appeal at a later stage.

Application or appeal to the Upper Tribunal

Even if you have a representative, the person who is applying for permission to appeal or appealing must sign the form personally in Part H. Your signature will be taken as authority for the representative named in Part B to act for you. The only exception to this rule is where your representative is a solicitor. A solicitor is presumed to be acting on instructions and may sign the form on behalf of the person who is applying for permission to appeal or appealing.

Where to send the form

You must use the E-Filing service to send form UT11 and the required documents to the Upper Tribunal (Administrative Appeals Chamber) if you are:

• legally represented
• acting on behalf of a government department, agency or public body

You can find more information about using the E-Filing service.

If you are not legally represented and the hearing took place in England, you should use the E-Filing service. If you are unable to, you must email or send form UT11 to:

The Upper Tribunal Office (Administrative Appeals Chamber)
5th floor Rolls Building
7 Rolls Building
Fetter Lane
London
EC4A 1NL

Email adminappeals@justice.gov.uk

If you are not legally represented and the hearing took place in Wales, you should use the E-Filing service. If you are unable to, you must email or send form UT11 to:

The Upper Tribunal (Wales)
Cardiff Civil Justice Centre
2 Park Street
Cardiff
Wales
CF10 1ET

Email adminappeals@justice.gov.uk

If you are not legally represented and the hearing took place in Scotland, you should use the E-Filing service. If you are unable to, you must email or send form UT11 to:

The Upper Tribunal (Administrative Appeals Chamber)
George House
126 George Street
Edinburgh
EH2 4HH

Email UTAACMailbox@justice.gov.uk         

If you are not legally represented and the hearing took place in Northern Ireland, you should use the E-Filing service. If you are unable to, you must email or send form UT11 to:

The Upper Tribunal (Administrative Appeals Chamber)
Tribunal Hearing Centre
2nd Floor
Royal Courts of Justice
Chichester Street
Belfast
BT1 3JF

Email adminoffice@courtsni.gov.uk

If you are late, you can still send in your form but you must explain the delay in Part E of the form.

You must enclose the documents listed at the end of the form. Otherwise, your application or appeal may be delay and may not be admitted.

Keep these notes in a safe place so that you have a record of the address of the Upper Tribunal office.

Contact the office if you are not told within a week that the form has been received.