Tribunals, Courts and Enforcement Act 2007 Explanatory Notes

Part 1: Tribunals and Inquiries

Commentary on Sections: Part 1

Section 16: Application for relief under section 15(1)

126.Because the Upper Tribunal’s powers are similar to those of the High Court in judicial review cases, the Upper Tribunal’s powers are subject to similar conditions. Therefore it is necessary to have permission to apply to the Upper Tribunal to exercise its judicial review jurisdiction. This may not be granted if the applicant has insufficient interest in the disputed matter. The Upper Tribunal may also refuse permission, or refuse a remedy, if there has been delay in making an application.

127.Awards made by the Upper Tribunal in exercising its judicial review jurisdiction may be enforced as if they were an award of the High Court.

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