Paragraph 54.7A Judicial review of decisions of the Upper TribunalF1F2
Where the Upper Tribunal has refused permission to appeal against a decision of the First-tier Tribunal, no application for judicial review of the Upper Tribunal’s decision, or which relates to the First-tier Tribunal’s decision, may be made except where the question in the judicial review application is—
whether the application for permission to appeal was validly made to the Upper Tribunal;
whether the Upper Tribunal when refusing permission to appeal was properly constituted; or
whether the Upper Tribunal is acting or has acted in bad faith or in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.
The claim form and the supporting documents must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.
Annotations
Textual amendments
- F1
Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)
- F2
Rule 54.7A substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 28(2)
Notes on Part 54
Textual amendments
- F2
Pt. 54 heading substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rules 1, 3
- F3
Pt. 54 Table of Contents substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1
- F4
Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(i)
- F5
Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(ii)
- F6
Words in Pt. 54 Table of Contents inserted (6.4.2014) by virtue of The Civil Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/610), rules 2, 3 (with rule 4)
- F7
Words in Pt. 54 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 21(1)(b)
Notes on JUDICIAL REVIEW
Textual amendments
- F2
Pt. 54 Section 1 heading inserted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1