“Upper Tribunal decisions can be judicially reviewed only in exceptional circumstances meeting Cart criteria.”
Cart involved multiple claimants seeking judicial review of Upper Tribunal decisions refusing permission to appeal First-tier Tribunal determinations in immigration cases. The Upper Tribunal had refused to grant permission to appeal, and the claimants sought judicial review of those refusal decisions.
Whether and in what circumstances the decisions of the Upper Tribunal are amenable to judicial review by the High Court.
The Supreme Court held that Upper Tribunal decisions are subject to judicial review only where the case raises an important point of principle or practice, or there is some other compelling reason to hear it.
Cart established fundamental principles governing judicial review of tribunal decisions and created the 'Cart criteria' still applied today. It represents a key constitutional case balancing statutory tribunal systems with judicial oversight principles.
You're reading the free summary of Cart v Upper Tribunal. Create a free account to unlock the full reasoning, the cited authorities and the verbatim judgment — plus structured briefs for 412,000+ UK judgments.
No card required. Free forever.
OSCOLA Citation
Cart v Upper Tribunal [2011] UKSC 28
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Falls back to Google for old citations BAILII catalogues separately
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.