2.2.1 Tribunal jurisdictions
Until 2013 many matters relating to security of tenure and statutory succession to farm tenancies were dealt with in both England and Wales by the Agricultural Land Tribunals (“ALT”).
The matters referable to the Tribunals for decision are set out in Appendix 1 above. The ALTs were abolished in England on 1st July 2013, and their jurisdiction in agricultural property cases transferred to the First Tier Tribunal (Property Chamber) (Agricultural Land and Drainage). The ALT remains in Wales and is the tribunal jurisdiction for these matters in the Principality.The 2013 reform was an attempt to consolidate and simplify tribunal jurisdiction in England. It also sought to bring tribunal proceedings more closely into line with the Civil Procedure Rules that govern the procedures in the civil courts, and at the same time to introduce greater flexibility into tribunal proceedings. The rules governing tribunal procedure in England are now contained in the Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013.1
The overriding objectives of the tribunal procedures are set out in r 3, and the tribunal must seek to give effect to these when it exercises any power under the rules or interprets the rules or a practice direction. The principal aim of the rules is to enable the tribunal to deal with cases fairly and justly. This includes dealing with a case in ways that are proportionate to the importance of the case, its complexity, the anticipated costs and the resources of the parties and the tribunal. The tribunal should avoid unnecessary formality and seek to implement flexibility in proceedings before it. The tribunal must seek to ensure that the parties can participate fully in the proceedings, to avoid delay, and to ensure that the expertise of the tribunal is used effectively.2 The rules place a duty on the parties to help the tribunal to further these general objectives and to cooperate with the tribunal generally.3 Where appropriate the tribunal should bring the availability of alternative dispute resolution (ADR) to the attention of the parties, and if they so wish (and if this is compatible with the overriding objectives set out above) it should seek to facilitate ADR.4
One important difference in the procedures now applicable in the First Tier Tribunal is the introduction of an emphasis on case management.
The tribunal can regulate its own procedure and it can agree with the parties to a dispute how the case should be managed. The tribunal has a wide discretion under r 6 to give directions as to how proceedings are to be conducted or disposed of, including shortening time limits or extending them. Some time limits for applications and replies are different to those applicable in the ALT in Wales (and formerly in England). For example:(a)Where an application is made by the landlord of an agricultural holding for consent to the operation of a notice to quit,5 the application to the tribunal must be made within two months after the date of service of the tenants counter notice.6 The time limit in Wales for an application to the ALT is one month following service of the tenant’s counter notice.
(b)Similarly, in farm succession cases where only one application for succession has been made to the tribunal, an application to the tribunal for consent to a Case G notice to quit that had been served following the tenants death must be made within two months of the end of the relevant period for succession applications to be made7 or within two months of being notified by the tribunal that the number of applicants has been reduced to one. The relevant time limit for service of an application for consent to a notice to quit in similar cases in the ALT in Wales is one month.8
In England the Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013, give the First Tier Tribunal power to extend a time limit for applications, as noted above.9
The hearing must be held in public, although the tribunal has power to direct that all or part of a hearing be held in private.10 A principal judge presides in the First Tier Tribunal, with regional judges. Individual cases will be heard by a judge with two tribunal members drawn for a panel of landowners and farmers. If s/he considers that it is appropriate in the circumstances of the case, the judge can issue a decision alone without panel members. Appeals against a decision of the First Tier Tribunal go to the Upper Tribunal (Lands Chamber). In order to appeal on a point of law an application must first be made to the First Tier Tribunal itself for permission to appeal, and this must be received within 28 days of the tribunal issuing written reasons for its decision, issuing notification of amended reasons for (or correction of) the decision, or issuing notification that an application to set aside the decision has been unsuccessful.11
Footnotes