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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll