Part 1Judicial review
I1I22Exclusion of review of Upper Tribunal’s permission-to-appeal decisions
1
In the Tribunals, Courts and Enforcement Act 2007, after section 11 insert—
11AFinality of decisions by Upper Tribunal about permission to appeal
1
2
The decision is final, and not liable to be questioned or set aside in any other court.
3
In particular—
a
the Upper Tribunal is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;
b
the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
4
Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—
a
the Upper Tribunal has or had a valid application before it under section 11(4)(b),
b
the Upper Tribunal is or was properly constituted for the purpose of dealing with the application, or
c
the Upper Tribunal is acting or has acted—
i
in bad faith, or
ii
in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.
5
Subsections (2) and (3) do not apply so far as provision giving the First-tier Tribunal jurisdiction to make the first-instance decision could (if the Tribunal did not already have that jurisdiction) be made by—
a
an Act of the Scottish Parliament, or
b
an Act of the Northern Ireland Assembly the Bill for which would not require the consent of the Secretary of State.
6
The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision of the First-tier Tribunal that it would not entertain (whether as a matter of law or discretion) in the absence of this section.
7
In this section—
“decision” includes any purported decision;
“first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought under section 11(4)(b);
“the supervisory jurisdiction” means the supervisory jurisdiction of—
- a
the High Court, in England and Wales or Northern Ireland, or
- b
the Court of Session, in Scotland,
and “the court of supervisory jurisdiction” is to be read accordingly.
2
The amendment made by subsection (1) does not apply in relation to a decision (including any purported decision) of the Upper Tribunal made before the day on which this section comes into force.