JudicialReview

Lord Judge, the Lord Chief Justice, made a Direction on 29 October 2008 with effect from 3 November 2008 transferring two classes of action for judicial review from the High Court to the Upper Tribunal.

The two classes are:

At the same time the President of the Queens Bench Division, Sir Anthony May, issued guidance to High Court Judges about judicial review in the Upper Tribunal. The guidance emphasises that under the Tribunals, Courts and Enforcement Act 2007 all judicial review cases of either of the above classes must be heard in the Upper Tribunal. If a case of that kind is started in the High Court, it should be transferred to the Upper Tribunal.

The guidance also reminds judges of a more general power to transfer other judicial review cases to the Upper Tribunal if certain conditions are met. The main conditions are that the case does not seek to call into question anything done in a Crown Court and that when hearing the case the Upper Tribunal will be headed by either a High Court Judge or another judge specifically nominated to hear these cases. The conditions are set out fully in section 18 of the 2007 Act.

When deciding judicial review cases in England and Wales, the Upper Tribunal judges are required to apply the same principles of law that the High Court would apply to those cases. Other rules apply in Scotland and Northern Ireland.

In practice, judicial review cases in the Upper Tribunal will be heard either by the Senior President or a High Court Judge, perhaps sitting with one or more Judges of the Upper Tribunal.

In all cases, you must have permission from either the High Court or the Upper Tribunal to bring the action for judicial review. And you must show that you have a sufficient personal interest in the matter that you seek to challenge. You must also make any application without undue delay. Forms are available from our office or on the Forms page of this website.

The powers of the Upper Tribunal when hearing these cases include powers to make orders requiring or prohibiting action by public bodies, declarations, injunctions and in some cases damages. The Upper Tribunal does not have the powers of the High Court to hear challenges against Acts of Parliament under the Human Rights legislation.

If the Upper Tribunal does not have power to decide a particular judicial review case, it will refer it to the High Court for decision.

Relevant legislation and guidance

Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.

Page last updated 03 November 2008

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