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Family Law

The leading authority on all aspects of family law

01 DEC 2009

CHILD SUPPORT: R (Cart) v Child Maintenance Enforcement Commission [2009] EWHC 3052 (Admin)

(Queen's Bench Division, Divisional Court; Laws LJ and Owen J; 1 December 2009)

The mother of the five children applied for variation of the child maintenance assessment. In error the Secretary of State did not notify the application to the father. When the father was given notice of the variation direction, he sought a revision, but was refused. His appeal was dismissed. His application to the Upper Tribunal for permission to appeal was granted on three grounds, but not on the ground of the Secretary of State's failure to give notice of the variation application. The father sought judicial review of the refusal to grant permission to appeal on this point.

The Upper Tribunal was, for relevant purposes, an alter ego of the High Court, and constituted an authoritative, impartial and independent judicial source for the interpretation and application of the relevant statutory texts. It was not amenable to judicial review, being at the apex of a new and comprehensive judicial structure.

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