The Cart Case - Cart JRs

Law Case Summary

"Judicial review of decisions made by the Upper Tribunal, determining its scope and limitations."

Full case citation: Cart, R (on the application of) v The Upper Tribunal [2011] UKSC 28

Facts

A number of applications for judicial review were made in relation to decisions made by the Upper Tribunal. The primary issue to be addressed was the jurisdictional scope and limitations of the High Court for reviewing decisions made by the Upper Tribunal.

The claimant, Cart, specifically sought to challenge the refusal of permission by the Upper Tribunal to appeal a vital immigration question.

Issues

The central issue was the extent to which decisions made by the Upper Tribunal can be subject to judicial review by the High Court. This encompassed considerations of the Upper Tribunal's jurisdiction, status, and the roles and powers of the High Court.

The case examined the question of whether an error of law by the Upper Tribunal could be corrected via the judicial review process.

Decision 

The Supreme Court, in a majority judgement, ruled that the High Court had jurisdiction to conduct judicial review of decisions made by the Upper Tribunal, but only in cases where there was an error of law that would warrant the permission of the Court of Appeal.

The Court stated that judicial review should only be granted in extreme and exceptional cases, thereby establishing stringent limitations to the scope of reviews.

Effect

The decision reinforced the role of the Upper Tribunal within the judicial system and helped maintain the integrity and autonomy of the tribunal system overall.

Analysis

The Cart case is a landmark decision in administrative law. It provided clarity on the status of the Upper Tribunal and the extent of judicial oversight. The judgement established clear limitations on the judicial review of decisions by the Upper Tribunal, reinforcing the tribunal's position within the UK's judicial hierarchy. Critics of the decision argue it limits the potential for justice and fairness in the process, while supporters highlight it prevents an overburdening of the courts and maintains the autonomy of tribunals.

References

• Jones, M., 2011. R (on the application of) v The Upper Tribunal [2011] UKSC 28. UK Supreme Court Yearbook, 3, pp.160-173.
• Arvind, T.T., 2011. The Cart Judicial Review and the Constitutional Role of the Upper Tribunal. Cambridge Law Journal, 70(3), pp.594-620.

Journalist Brief

The 2011 Supreme Court case, often referred to as 'The Cart Case', tackled the complex issue of to what extent decisions made by the Upper Tribunal can be subject to review by the High Court. Prior to the case, there was ambiguity about the High Court's jurisdiction over such matters. The Court ultimately decided that while the High Court does have the power to conduct judicial reviews of Upper Tribunal decisions, it should only do so in exceptional circumstances where an error of law warrants the intervention of the Court of Appeal. This therefore set a high threshold for future cases and solidified the position of the Upper Tribunal within the UK’s judicial system.

FAQs

What was the key issue in The Cart Case?

Answer: The central issue was determining the extent to which the High Court could conduct judicial review of decisions made by the Upper Tribunal.

What was the outcome of The Cart Case?

Answer: The Supreme Court ruled that the High Court could review Upper Tribunal decisions but should only do so in extreme and exceptional cases.

How did The Cart Case impact the tribunal system in the UK?

Answer: It reinforced the autonomy and position of the Upper Tribunal within the UK's judicial system, placing strict limitations on the scope of judicial reviews of tribunal decisions.