Natsai Manyarara

Natsai Manyarara Podcast on the case of Cart v The Upper Tribunal [2011] UKSC 28

 

Podcast by Natsai Manyarara
Course Aims:

This podcast is aimed at practitioners working in the Tribunal system established by the Tribunals Courts and Enforcement Act 2007. It aims to set out the background to the Cart case, the appropriate test to take a case from the Upper Tribunal to the High Court and what implications that test has for practitioners on the ground.
Outcomes:
After completing the course you will:
  • Understand the background to the current Tribunal structure and the nature of the Upper Tribunal;
  • Understand the test to be applied if a case is to move from the Upper Tribunal to the Administrative Division of the High Court;
  • Understand the importance or otherwise of maintaining a ‘separateness’ between the courts and the Tribunals;
  • Understand the various options considered by the Supreme Court when devising an appropriate test when a second appeal is refused by the Upper Tribunal;
  • Know whether the new test is likely to give rise to a flood of claims going to the High Court;
  • Understand how Cart has been applied in subsequent cases;
  • Understand the extent to which constraints on judicial training and consideration of cases might have a bearing on arguments in judicial review proceedings.