Transfer of judicial review

The conference on transfer of some forms of judicial review into the Upper Tribunal was a sell out and the event was a great success. Mark Ockelton, Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, revealed a number of interesting points, including the pending release of further Statutory Instruments and the Lord Chief Justice's new practice direction.

Those documents are now available:

• Practice Direction

• Explanatory memorandum to SIs below

• The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011

• The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011

• The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

I have not yet had a change to update them from the latest SIs but here is my consolidated version of the earlier changes to Part 4 of the Upper Tribunal rules, prepared for the conference. When I get a chance I will do an updated version and post it up.

Mr Ockelton also revealed that the administration of fresh claim judicial reviews will continue to be carried out by the Administrative Court Office staff, as at present, and there will continue to be an urgent application process for both daytime and out of hours. During the day the Court Office will allocate the matter to an Upper Tribunal duty judge sitting at Field House. Out of hours, the service will continue to be provided by a duty judge of the High Court, but sitting as a judge of the Upper Tribunal when necessary.

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