Upper Tribunal update

July 27th, 2010

Further to Peter Oldham’s blog below, the Court of Appeal has handed down judgement in R (Rex C) v Upper Tribunal and others [2010] EWCA Civ 859.  The CA has confirmed the High Court’s decision ([2010] 2 WLR 1012) that the Upper Tribunal is subject to the jurisdiction of the High Court by way of judicial review if it acts outside its jurisdiction or denies procedural justice, notwithstanding that it is designated as a ‘superior court of record’ by s 3(5) of the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”).  Normally, however, the proper way to challenge a decision of the Upper Tribunal will be by way of appeal to the Court of Appeal under s 13 of the 2007 Act.

Holly Stout

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