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The second appeals criteria which apply when seeking to judicially review the Upper Tribunal have been successfully applied. In R (Kuteh) v Upper Tribunal Administrative Appeals Chamber  EWHC 2061 (Admin), Mr Justice Wilkie accepted the argument that the original case had been subject to a procedural error which amounted to a compelling reason to grant permission.
The second appeals criteria for bringing such claims were established by the Supreme Court in Cart v Upper Tribunal  UKSC 28.
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