19th Jul 2011 | News

R (on the application of T) v Secretary of State for the Home Department, 19 July 2011.

Mr Justice Ouseley gave guidance about applications to bring judicial review challenges against decisions of the Upper Tribunal. Referring to R (on the application of Cart) v Upper Tribunal [2011] UKSC 28; [2011] 3 W.L.R. 107, in which the Supreme Court held that a challenge must raise either some important point of principle or practice or some other compelling reason for hearing it, Mr Justice Ouseley said that advocates needed to understand that a proposed claim for judicial review was only likely to be capable of satisfying the first test in Cart (‘some important point of principle or practice’) if the point could be briefly and crisply identified, usually on no more than a sheet of paper. As to the alternative test (‘some other compelling reason’), it was a fallacy—which needed to be stopped—for practitioners to suppose that the threshold is not a high and testing one. Most cases, including asylum cases, would not be ones where it was met.

Thomas Roe appeared for the Secretary of State.


Interested in our News & events?

Please subscribe here

Related People

Thomas Roe QC

View profile

For Help or Advice…


Please contact us either by telephone: +44 (0)20 7415 7800 or email: clerks@3harecourt.com

Accreditations

Close
C&R

Menu

Portfolio Builder

Select the legal services that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)