Cart Judicial Reviews Through the Lens of the Upper Tribunal

Judicial Review (forthcoming)

15 Pages Posted: 4 Jun 2021 Last revised: 23 Sep 2021

See all articles by Mikolaj Barczentewicz

Mikolaj Barczentewicz

University of Surrey; University of Oxford

Date Written: September 8, 2021


Cart judicial reviews constitute the largest single group of claims for judicial review in the High Court. However, they are difficult to study because they rarely result in a High Court judgment and thus are reflected in the popular case law databases. I analysed the best public source of information on the fate of successful Cart judicial reviews: Upper Tribunal decisions following successful Cart claims from 2018 to 2020 selected programmatically from a dataset of over 42,000—mostly unreported—decisions. Thus, I can discuss the key aspects of successful Cart challenges, including the question what claims succeed in meeting the ‘second-tier appeals’ test for permission set in CPR 54.7A(7). This study complements previous quantitative work on rates of success in Cart and non Cart judicial reviews and contributes to the broader discussion on the appropriateness of retaining the Cart procedure in the context of the proposal to discontinue Cart claims made by the Independent Review of Administrative Law and adopted by the Government in the Judicial Review and Courts Bill.

Keywords: Cart Judicial Reviews, UK Administrative Law, Empirical Legal Studies, Judicial Review, Legal Reform, Immigration Law

Suggested Citation

Barczentewicz, Mikolaj, Cart Judicial Reviews Through the Lens of the Upper Tribunal (September 8, 2021). Judicial Review (forthcoming), Available at SSRN:

Mikolaj Barczentewicz (Contact Author)

University of Surrey ( email )

Guildford, Surrey GU2 5XH
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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