Practice Direction (Upper Tribunal: Judicial Review Jurisdiction) [2009] 1 WLR 327

This Practice Direction sets out the JR jurisdiction of the Upper Tribunal.

The Practice Direction

IN THE SUPREME COURT OF ENGLAND AND WALES

DIRECTION - CLASSES OF CASES SPECIFIED UNDER SECTION 18(6) OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

It is ordered as follows:

1. The following direction takes effect in relation to an application made to the High Court or Upper Tribunal on or after 3 November 2008 that seeks relief of a kind mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 ("the 2007 Act").

2. The Lord Chief Justice hereby directs that the following classes of case are specified for the purposes of section 18(6) of the 2007 Act -

(a) Any decision of the First-Tier Tribunal on an appeal made in the exercise of a right conferred by the Criminal Injuries Compensation Scheme in compliance with s 5(1) of the Criminal Injuries Compensation Act 1995 (appeals against decisions on review); and
(b) Any decision of the First-tier Tribunal made under Tribunal Procedure Rules or section 9 of the 2007 Act where there is no right of appeal to the Upper Tribunal and that decision is not an excluded decision within para (b), (c), or (f) of section 11(5) of the 2007 Act.

3. This Direction does not have effect where an application seeks (whether or not alone) a declaration of incompatibility under section 4 of the Human Rights Act 1998.

4. This Direction is made by the Lord Chief Justice with the agreement of the Lord Chancellor. It is made in the exercise of powers conferred by s 18(6) of the 2007 Act and in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

The Right Honourable Lord Judge

Lord Chief Justice of England and Wales

ICLR

The ICLR have kindly agreed for their WLR (D) case report to be reproduced below.  

Catchwords

PRACTICE — Upper Tribunal — Jurisdiction — Judicial review jurisdiction — Specified classes of application — Tribunals, Courts and Enforcement Act 2007, s 18(6)

Headnote

Two classes of application to the Upper Tribunal were specified for the purposes of s 18(6) of the Tribunals, Courts and Enforcement Act 2007.

The Upper Tribunal’s “judicial review” jurisdiction, provided for by s 15 of the Tribunals, Courts and Enforcement Act 2007, enabled the Upper Tribunal to grant the following relief: (a) a mandatory order; (b) a prohibiting order; (c) a quashing order; (d) a declaration; and (e) an injunction. The jurisdiction depended on the conditions set out in s 18 being met. By s 18(6), condition 3 was that the application fell within a class specified in a direction given in accordance with Pt 1 of Sch 2 to the Constitutional Reform Act 2005.

LORD JUDGE CJ said that it was ordered as follows.

1. The following direction takes effect in relation to an application made to the High Court or Upper Tribunal on or after 3 November 2008 that seeks relief of a kind mentioned in s 15(1) of the Tribunals, Courts and Enforcement Act 2007.

2. The Lord Chief Justice hereby directs that the following classes of case are specified for the purposes of s 18(6) of the 2007 Act: (a) any decision of the First-tier Tribunal on an appeal made in the exercise of a right conferred by the Criminal Injuries Compensation Scheme in compliance with s 5(1) of the Criminal Injuries Compensation Act 1995 (appeals against decisions on review); and (b) any decision of the First-tier Tribunal made under the Tribunal Procedure Rules or s 9 of the 2007 Act where there is no right of appeal to the Upper Tribunal and that decision is not an excluded decision within para (b), (c), or (f) of s 11(5) of the 2007 Act.

3. This direction does not have effect where an application seeks (whether or not alone) a declaration of incompatibility under s 4 of the Human Rights Act 1998.

4. This Direction is made by the Lord Chief Justice with the agreement of the Lord Chancellor. It is made in the exercise of powers conferred by s 18(6) of the 2007 Act and in accordance with Pt 1 of Sch 2 to the Constitutional Reform Act 2005.

Other

Practice Direction (Upper Tribunal: Judicial review jurisdiction); [2008] WLR (D) 336

Sup Ct: Lord Judge CJ: 29 October 2008

Appearances: None listed

Reported by: Philip Ridd, Solicitor

Citations

[2009] 1 WLR 327Not on Bailii; [2008] WLR (D) 336

External links

Practice Direction (Upper Tribunal: Judicial Review Jurisdiction) on Tribunals Service website

ICLR website