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10 November 2011 / John Eames , David Burrows
Issue: 7489 / Categories: Features , Judicial review , Procedure & practice , Child law
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An open road (2)

David Burrows & John Eames continue their review of how & when the errors of Upper Tribunal judges can be checked

A previous article looked at the Supreme Court decision in R (on the application of Cart) v The Upper Tribunal, R (on the application of MR (Pakistan)) v The Upper Tribunal (Immigration & Asylum Chamber) and Secretary of State for the Home Department [2011] UKSC 28 (see NLJ, 23 September 2011, p 1285). In this second article, we look at the significance of Cart in the administrative law field and, in particular, in the context of the child support scheme under the Child Support Act 1991 (CSA 1991).

Justice at any price?

The result is an interesting solution to a conundrum which had forced the courts to take a hard look at judicial resources and to weigh those finite resources up against a theoretically inalienable right to get judicial mistakes corrected. In the search for as just a system as possible, Lady Hale seemed to pose the

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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