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
