Judicial Review and Courts Bill — Clause 2 — Exclusion of Review of Upper Tribunal’s Permission-to-Appeal Decisions — 26 Apr 2022 at 14:15

The majority of MPs voted to generally make decisions by the Upper Tribunal to refuse permission to appeal a First-tier Tribunal decision final and not subject to review by any other court, and against an alternative option of permitting the review of such decisions by the High Court (or the Court of Session in Scotland) but preventing further appeals to the Court of Appeal, and only allowing the Supreme Court to consider appeals where a point of law of general importance is involved and the Supreme Court decides it should consider it.

MPs were considering the Judicial Review and Courts Bill.^[1][2][3]

The motion supported by the majority of MPs in this vote was:

• That this House disagrees with Lords amendment 5.

Lords amendment 5 began:^[4]

• Leave out Clause 2 and insert following new Clause—
• “Limitation of review of Upper Tribunal’s permission-to-appeal decisions
• (1) In the Tribunals, Courts and Enforcement Act 2007, after section 11 insert—
• “11A Finality of decisions in exercise of the supervisory jurisdiction
• (1) Subsection (2) applies in relation to a decision by the Upper Tribunal to refuse permission (or leave) to appeal further to an application under section 11(4)(b).

The Explanatory Notes to the amendment stated:^[5]

• ...the amendment replaces the current clause 2 with a new clause which would remove entirely the jurisdiction of the Court of Appeal over decisions of the supervisory High Court in England and Wales and Northern Ireland and the Court of Session (in Scotland) where those decisions relates to the review of decisions of the Upper Tribunal on permissions to appeal
• ...
• The amendment would allow an appeal from the supervisory court directly to the Supreme Court (with the leave of the supervisory court or the Supreme Court)

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• [1] Parliament's webpage on the Judicial Review and Courts Bill, Parliament.uk
• [2] Judicial Review and Courts Bill as brought from the Commons on 26 January 2022, Parliament.uk
• [3] Explanatory notes to the Judicial Review and Courts Bill as brought from the Commons on 26 January 2022, Parliament.uk
• [4] Lords amendments to the Judicial Review and Courts Bill, 7 April 2022, Parliament.uk
• [5] Explanatory notes to the Lords amendments to the Judicial Review and Courts Bill, 8 April 2022, Parliament.uk

Debate in Parliament |