‘The Court of Appeal (Underhill LJ, with whom Peter Jackson and Elisabeth Laing LJJ agreed) has handed down an important judgment delineating the proper scope of the “natural justice exception” in s.11A(4)(c)(ii) of the Tribunal, Courts and Enforcement Act 2007 (“TCEA 2007”). Section 11A contains what is widely known as the Cart ouster clause. The natural justice exception provides that the stipulation in s.11A(2) and (3), that decisions by the Upper Tribunal about permission to appeal are final, will not apply where the Upper Tribunal “is acting or has acted in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice”.’
Administrative Court Blog, 20th May 2025
