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Annex K

Neutral citation Background 1.
Since the introduction of the new appeal tribunal structure on 3.11.08, the
Administrative Appeals Chamber (AAC) decided on a new way to report its
decisions. From 1.1.2010, the series of reported decisions selected by the AAC
which replace the reported Commissioners' decisions, will now be known as the
Administrative Appeals Chamber Reports (AACR). These are the decisions of the
UT Judges.
The new appeal tribunal system encompasses more than just social security cases,
these AACR will include decisions from all the AAC's jurisdiction, although inevitably
most of the cases will be social security cases. The method of selection for
reporting will remain as it is now and decisions will only be reported if they have the
broad consent of the AAC as a whole. Reported decisions will therefore continue to
carry greater weight than unreported.
The new way of numbering UT decisions is called neutral citation and is the format
already used by the higher courts, so bringing UT decision in line with other courts
of equal standing. It also enables those with internet access to more easily search
for such decisions as all decisions published on the AAC website will have a neutral
Reported Upper Tribunal decisions
An example of a neutral citation for a reported UT decision is "KS v Secretary of
State for Work and Pensions (JSA) [2009] UKUT 122 (AAC); [2010] AACR 3". To
explain the composition of the citation, it is broken down below into its component parts
"KS v Secretary of State for Work and Pensions (JSA)" - refers to the parties to
the appeal and the benefit involved. This part should be in italic font.
"[2009] UKUT 122 (AAC)" - refers to the year the decision was made, United
Kingdom Upper Tribunal and the neutral citation number; i.e. the consecutive
number of the case within that year's series and the name of the chamber
making the decision.
"[2010] AACR 3" - refers to the year the decision was reported, the name of the
publication it is reported in and the consecutive reporting number within that
year's series.
The AAC have indicated that names in the citation can be abbreviated, so "KS v
SSWP (JSA) [2009] UKUT 122 (AAC); [2010] AACR 3" is acceptable. This format
should always be used the first time reference is made in an appeal response to a
decision with a neutral citation. Any subsequent references can be in the
abbreviated format "KS v SSWP (JSA)".
This format will be used on all decisions reported from 1.1.2010 onwards. Reported
decisions numbered under the old "R" format can continue to be cited as before,
e.g. R(IS) 1/08.
Unreported Upper Tribunal decisions
Some unreported decisions will also have a neutral citation number. This is where
the decision has not been reported but it has nonetheless been thought to be of
interest to potential parties. The only difference to the form of the citation in an
unreported decision is that it will not contain the final segment of the citation and so
would just be "KS v SSWP (JSA) [2009] UKUT 122 (AAC)".
All other unreported decisions will retain the AAC reference number in the familiar
format "CIS/1234/2010". It should be rare for DMs to need to cite decisions without
neutral citation numbers (other than pre 3.11.08 decisions). However where for
example a claimant or claimant's representative relies on a post 3.11.08 decision
that does not have a neutral citation number, this old file number format can still be
used. Decisions without neutral citation numbers are not be published on the AAC
website, but copies will be provided by the AAC on request.