Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
“Judicial review”
15Upper Tribunal’s “judicial review” jurisdiction
1
The Upper Tribunal has power, in cases arising under the law of England and Wales or under the law of Northern Ireland, to grant the following kinds of relief—
a
a mandatory order;
b
a prohibiting order;
c
a quashing order;
d
a declaration;
e
an injunction.
2
The power under subsection (1) may be exercised by the Upper Tribunal if—
a
certain conditions are met (see section 18), or
b
the tribunal is authorised to proceed even though not all of those conditions are met (see section 19(3) and (4)).
3
Relief under subsection (1) granted by the Upper Tribunal—
a
has the same effect as the corresponding relief granted by the High Court on an application for judicial review, and
b
is enforceable as if it were relief granted by the High Court on an application for judicial review.
4
In deciding whether to grant relief under subsection (1)(a), (b) or (c), the Upper Tribunal must apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.
5
In deciding whether to grant relief under subsection (1)(d) or (e), the Upper Tribunal must—
a
in cases arising under the law of England and Wales apply the principles that the High Court would apply in deciding whether to grant that relief under section 31(2) of the Supreme Court Act 1981 (c. 54) on an application for judicial review, and
b
in cases arising under the law of Northern Ireland apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.
6
For the purposes of the application of subsection (3)(a) in relation to cases arising under the law of Northern Ireland—
a
a mandatory order under subsection (1)(a) shall be taken to correspond to an order of mandamus,
b
a prohibiting order under subsection (1)(b) shall be taken to correspond to an order of prohibition, and
c
a quashing order under subsection (1)(c) shall be taken to correspond to an order of certiorari.