Judicial review in the Upper Tribunal
Produced in partnership with Melanie Carter and Alistair Williams of Bates Wells

The following Public Law practice note produced in partnership with Melanie Carter and Alistair Williams of Bates Wells provides comprehensive and up to date legal information covering:

  • Judicial review in the Upper Tribunal
  • Cases which must be commenced in the UT
  • Transfer of cases from the High Court to the UT
  • Principles and procedures
  • Pre-action
  • Application process
  • Acknowledgment of service
  • Permission
  • Defence/response
  • Hearing and evidence
  • More...

Judicial review in the Upper Tribunal

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) established the First-tier Tribunal (FTT) and the Upper Tribunal (UT). The Tribunal Service was created following Sir Andrew Leggatt's report:Tribunals for Users: One system, One Service. The system was designed to address the problems associated with the previous service, namely old-fashioned and inefficient processes, which were difficult to navigate.

The UT has three roles:

  1. a tribunal of first instance for certain matters, including land and tax matters

  2. a statutory judicial review jurisdiction, and

  3. an appellate body for certain appeals from the FTT

The UT’s judicial review jurisdiction has gradually expanded and now includes almost all immigration judicial review matters. It is thought that the UT’s jurisdiction was widened in this way to relieve some of the pressure on the Administrative Court.

Cases which must be commenced in the UT

TCEA 2007, ss 15–21 establish the UT's judicial review jurisdiction. Provided certain conditions are met, the UT will consider those classes of application which have been prescribed by the Lord Chief Justice (see: TCEA 2007, s 18(6)).

The following classes of case have been so identified:

  1. decisions of the FTT on an appeal made in the exercise of a right conferred by the Criminal Injuries Compensation Scheme

  2. certain decisions of the FTT not to review a decision where there is no right of appeal

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