header-logo header-logo

07 July 2023 / Neil Parpworth
Issue: 8032 / Categories: Features , Public
printer mail-detail

Ouster clauses: left out in the cold?

129525
A court may be willing to accept that its supervisory jurisdiction has been excluded by giving effect to an ouster clause: Neil Parpworth examines these limited circumstances
  • In the recent decision in R (on the application of Oceana) v Upper Tribunal and another [2023] EWHC 791 (Admin), the judge held that the supervisory jurisdiction of the court had been successfully ousted by s 11A of the Tribunals, Courts and Enforcement Act 2007.
  • However, it is to be hoped that this is not replicated in other legislation, as any attempt to limit the jurisdiction of the courts to review the lawfulness of executive action has significant implications for the rule of law.

Hitherto, ouster clauses have been an uncommon feature in legislation. This is neither surprising nor a cause for concern, since the underlying purpose of such a clause is to exclude or prevent the supervisory jurisdiction of the courts from being exercised. Where ouster clauses have been employed, the response of the courts has generally been to interpret

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll