england-and-wales civil-procedure judge tribunal tribunal-procedure
What does it mean that the RPT tribunal member in this case was “also sitting as a district judge of the county court”?
<p>In <a href="https://assets.publishing.service.gov.uk/media/638875a9d3bf7f3282be405e/47_Westow_St_deployment_s27A_decision_1-12-22.pdf" rel="nofollow noreferrer">this case</a> one of the tribunal judges is indicated as having been sitting as a judge of the county court, even though the claim had been brought in the first tier tribunal of residential property.</p>
<p>How did this come about, what exactly does it mean, and what enabled them to sit as a judge of the county court?</p>

<p>This is explained at paragraphs 2-4 of <a href="https://assets.publishing.service.gov.uk/media/638875a9d3bf7f3282be405e/47_Westow_St_deployment_s27A_decision_1-12-22.pdf" rel="nofollow noreferrer">the decision you link</a>.</p>
<ul>
<li>There were two proceedings: a claim in the county court and an application to the Tribunal.</li>
<li>The county court claim was transferred to the Tribunal to be consolidated with the application, and they were to be heard together. (Although, technically there should be no literal &quot;transfer&quot; or &quot;consolidation&quot;; the claim is always a county court claim, separate from the tribunal application. It is just that the matters are heard at the same occasion by inviting a tribunal judge to sit in their capacity as a county court judge. See <a href="https://www.falcon-chambers.com/news/upper-tribunal-explains-the-procedure-for-double-hatting" rel="nofollow noreferrer">commentary</a> on <em>City, University of London v. Vodafone Limited</em> (2020).)</li>
</ul>
<p>In that circumstance, <a href="https://www.nicholasnicol.uk/about-1/" rel="nofollow noreferrer">Judge Nicol</a> was sitting as both a tribunal judge and as a county court judge. This is possible because:</p>
<blockquote>
<p>On 22 April 2014, the Crime and Courts Act 2013 Sch.9(1) para. 4 was brought into force, providing that judges of the First-tier Tribunal are judges of the county court and therefore able to exercise the jurisdiction of the county court, providing that a claim form has been issued and the matter has been listed for hearing by them.</p>
<p>Stephen Jourdan, K.C., &quot;<a href="https://www.falcon-chambers.com/images/uploads/articles/FTT_Judges_sitting_as_county_court_judges_-_SJ_01.19_.pdf" rel="nofollow noreferrer">FTT Judges sitting as judges of the county court</a>&quot; (January 2019)</p>
</blockquote>
<p>See also this <a href="https://law.stackexchange.com/a/89617/46948">previous Q&amp;A</a> where this was explained.</p>
