Ben Hawkin Obtains Rare Grant of Permission in Cart-type Judicial Review

On Friday 6 July 2012 Ben Hawkin succeeded in being granted permission for judicial review of a decision of the Upper Tribunal refusing permission to appeal. The Supreme Court has held in R (Cart) v Upper Tribunal [2011] UKSC 28, that judicial review should only be granted if the case raises an important point of principle or practice, or there is some other compelling reason for the court to hear it. Since Cart only one such case has even been granted permission. However, after considering detailed written submissions on the issues of non-retrospectivity, the burden of proof in deception cases and Article 7 of the ECHR raised in R (AAAA) v Upper Tribunal & SSHD, Mr Justice Collins granted permission and then adjourned the hearing to allow the Secretary of State to give further consideration to the case.