header-logo header-logo

10 November 2011 / John Eames , David Burrows
Issue: 7489 / Categories: Features , Judicial review , Procedure & practice , Child law
printer mail-detail

An open road (2)

David Burrows & John Eames continue their review of how & when the errors of Upper Tribunal judges can be checked

A previous article looked at the Supreme Court decision in 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 (see NLJ, 23 September 2011, p 1285). In this second article, we look at the significance of Cart in the administrative law field and, in particular, in the context of the child support scheme under the Child Support Act 1991 (CSA 1991).

Justice at any price?

The result is an interesting solution to a conundrum which had forced the courts to take a hard look at judicial resources and to weigh those finite resources up against a theoretically inalienable right to get judicial mistakes corrected. In the search for as just a system as possible, Lady Hale seemed to pose the question of whether a certain level of error was acceptable

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll