R (Cart) v Upper Tribunal [2009] EWHC 3052 (Admin)

(1) Decisions of inferior courts are subject to judicial review for exceeding their jurisdiction. Excess of jurisdiction can mean either the court (a) embarks on a case beyond its statutory remit, or (b) makes a legal mistake. (2) Judicial review of the Upper Tribunal is not ousted by s3 TCEA 2007. (3) The UT is, for the relevant purposes, an alter ego of the High Court, and it would never be right to exercise the JR jurisdiction on the ground that it had made a legal mistake. (4) Decisions of the UT are only amenable to JR for excess of jurisdiction or where there is a wholly exceptional collapse of fair procedure (something as gross as actual bias). (5) Consideration was also given to the status of SIAC decisions. [Caution.]

Related judgments

Eba v Advocate General for Scotland [2011] UKSC 29

R (Cart) v Upper Tribunal [2011] UKSC 28


Judgment date: 1 December 2009

Hearing dates: 21, 22 September & 13 October 2009

Before: Laws LJ, Owen J

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