header-logo header-logo

Ouster clauses: left out in the cold?

07 July 2023 / Neil Parpworth
Issue: 8032 / Categories: Features , Public
printer mail-detail
129525
A court may be willing to accept that its supervisory jurisdiction has been excluded by giving effect to an ouster clause: Neil Parpworth examines these limited circumstances
  • In the recent decision in R (on the application of Oceana) v Upper Tribunal and another [2023] EWHC 791 (Admin), the judge held that the supervisory jurisdiction of the court had been successfully ousted by s 11A of the Tribunals, Courts and Enforcement Act 2007.
  • However, it is to be hoped that this is not replicated in other legislation, as any attempt to limit the jurisdiction of the courts to review the lawfulness of executive action has significant implications for the rule of law.

Hitherto, ouster clauses have been an uncommon feature in legislation. This is neither surprising nor a cause for concern, since the underlying purpose of such a clause is to exclude or prevent the supervisory jurisdiction of the courts from being exercised. Where ouster clauses have been employed, the response of the courts has generally been to interpret

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll