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11 August 2011 / Natsai Manyarara
Issue: 7478 / Categories: Features , Judicial review , Procedure & practice
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Permission to review

Natsai Manyarara examines the amenability of judicial review of the Upper Tribunal

The Supreme Court considered the scope of judicial review available to unappealable decisions of the Upper Tribunal established by the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) in its recent judgment in Cart. The debate centred upon the effect of the creation of a new and integrated tribunal structure under TCEA 2007. It was argued on behalf of the respondent that the Upper Tribunal was not amenable to judicial review other than in the wholly exceptional circumstances of an outright excess of jurisdiction or a procedural irregularity which denied the right to a fair hearing.

The Supreme Court rejected this approach and held that the same test as for second appeals should be applied by the High Court in considering applications for permission to bring a judicial review claim against an unappealable decision of the Upper Tribunal (see R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent); R (on the application of MR (Pakistan) (FC) (Appellant) v The

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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