i-law

Litigation Letter

No judicial review

Regina (Cart) v Upper Tribunal [2010] EWCA Civ 859; TLR 4 October

The tribunal system is designed to be, so far as possible, a self-sufficient structure, dealing internally with errors of law made at first instance and resorting to higher appellate authority only where a legal issue of difficulty or of principle required it. There were two principles that needed to be reconciled in order to arrive at a proper judicial policy. One was the relative autonomy with which parliament had invested the tribunals as a whole and the Upper Tribunal in particular. The other was the constitutional role of the High Court as the guardian standards of legality and due process from which the Upper Tribunal was not exempt.

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