Cart v Upper Tribunal and Eba v Advocate General were both heard in the Supreme Court on 14 March 2011. At issue was the amenability of statutory tribunals designated superior courts of record to judicial review.
On 22 June the Supreme Court ruled that decisions of the Upper Tribunal are not immune from judicial review by the High Court in England or the Court of Session in Scotland. It also unanimously rejected the government’s argument that judicial review should only be available in ‘exceptional cases’.
JUSTICE’s submission in the case.
JUSTICE press release following the judgment