Rule 5: The Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013/1169: Delegation to Staff

(1)   Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.

(2)   The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.

(3)   Within 14 days after the date that the Tribunal sends notice of a decision made by a member of staff pursuant to an approval under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.

Section 40(1) of the Tribunals Courts and Enforcement Act 2007 empowers the Lord Chancellor to appoint staff for the purpose of “discharging his general duty in relation to tribunals”.

After a short consultation with a colleague, I have come to the conclusion that this rule empowers members of the Tribunal staff, ie not judges, to do things which have the effect of a judgment or order.

In the county court the entering of default judgment springs to mind. At present, despite the FTT(PC)’s incoming power to automatically strike out a case for failure to comply with a direction, I am not sure quite what the Rules Committee had in mind here. Whatever it may be, the affected party can ask for it to be referred to a judge of the Tribunal. Watch this space.