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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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