Has the judicial review route from the Upper Tribunal re-opened to traffic, ask David Burrows & John Eames
Two recent cases have given the Supreme Court a relatively early opportunity to review the workings of the new administrative appeals scheme set up under Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), Pt 1 (which came into operation on 3 November 2008), and of the varied jurisdictions which are covered by the tribunals set up under it (R (on the application of Cart) v The Upper Tribunal, R (on the application of MR (Pakistan)) v The Upper Tribunal (Immigration & Asylum Chamber) and Secretary of State for the Home Department [2011] UKSC 28, [2011] All ER (D) 149 (Jun), heard alongside Scottish case Eba v Advocate General for Scotland [2011] UKSC 29, [2011] All ER (D) 150 (Jun)).
In particular, the judgment in Cart provided an opportunity to look at operation of the appellate Upper Tribunal and the extent to which any decision it makes not to give permission to appeal to itself could be the subject of judicial
