R (Cart) v Upper Tribunal [2011] UKSC 28; [2012] 1 AC 663

Court: Supreme Court

Facts: In three combined cases, the claimants failed in their appeals to the First-tier Tribunal and were denied permission to appeal to the Upper Tribunal. They sought judicial review of the Upper Tribunal's refusal, questioning whether those decisions were amenable to the judicial review jurisdiction of the High Court.

Issue: Are decisions of the Upper Tribunal on applications for permission to appeal amenable to judicial review?

Held: Appeals dismissed; however, the Supreme Court held that decisions of the Upper Tribunal regarding whether to grant permission to appeal are subject to judicial review, based on the second-tier appeals criteria found in section 13(6) of the Tribunals, Courts and Enforcement Act 2007. The court stated that judicial review remains available to ensure that significant legal errors are addressed, reinforcing the balance between tribunal authority and judicial oversight.

Key Judicial Statement: Lady Hale stated, “There is nothing in the 2007 Act which purports to oust or exclude judicial review of the unappealable decisions of the Upper Tribunal. Clear words would be needed to do this and they are not here.”

💡Leveluplaw: This ruling clarified that while the Upper Tribunal has significant authority, its decisions regarding permission to appeal are still subject to judicial review to uphold the principles of justice and accountability within the legal system.