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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll