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An open road (2)

10 November 2011 / John Eames , David Burrows
Issue: 7489 / Categories: Features , Judicial review , Procedure & practice , Child law
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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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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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