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Categories:
Human Rights, Civil Liberties & Public Law
Immigration and Asylum Law
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners working in the Tribunal system established by the Tribunals Courts and Enforcement Act 2007. It aims to set out the background to the Cart case, the appropriate test to take a case from the Upper Tribunal to the High Court and what implications that test has for practitioners on the ground.

Outcomes:
After completing the course you will:
  • Understand the background to the current Tribunal structure and the nature of the Upper Tribunal;
  • Understand the test to be applied if a case is to move from the Upper Tribunal to the Administrative Division of the High Court;
  • Understand the importance or otherwise of maintaining a ‘separateness’ between the courts and the Tribunals;
  • Understand the various options considered by the Supreme Court when devising an appropriate test when a second appeal is refused by the Upper Tribunal;
  • Know whether the new test is likely to give rise to a flood of claims going to the High Court;
  • Understand how Cart has been applied in subsequent cases;
  • Understand the extent to which constraints on judicial training and consideration of cases might have a bearing on arguments in judicial review proceedings.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Tribunals & Inquiries Act 1958;
  • Tribunals & Inquiries Act 1992;
  • Wiles v Social Security Commissioner & Anr [2010] EWCA Civ 258;
  • Shaw's case [1952] 1 KB 338;
  • Pearlman v Keepers and Governors of Harrow School [1978] EWCA Civ 5;
  • PR (Sri Lanka) & Ors v Secretary of State for the Home Department [2011] EWCA Civ 988;
  • Uphill v BRB (Residuary) Ltd [2005] EWCA Civ 60;
  • Cart v The Upper Tribunal (Rev 1) [2011] UKSC 28;
  • Anisminic v Foreign Compensation Commission [1969] 2 AC 147;
  • Tribunals, Courts and Enforcement Act 2007.
Tags:

This podcast reviews the fallout from the 2011 Supreme Court decision in Cart v The Upper Tribunal for the legal relationship between the tribunal system and the mainstream courts when it comes to judicial review.

Podcast added: 04/04/12

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