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

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