Part 1: Tribunals and Inquiries Schedule 3 Section 15: Upper Tribunal’s “judicial review” jurisdiction
124.Section 15 confers power on the Upper Tribunal to grant certain forms of relief in the same way as the High Court on an application for judicial review. This section needs to be read alongside sections 16 and 18, which set out the circumstances in which the Upper Tribunal has jurisdiction.
125.Where it has jurisdiction, the Upper Tribunal may grant a mandatory order (an order that the respondent does something); a prohibiting order (an order that the respondent stops doing something); a quashing order (an order setting aside a decision); a declaration; or an injunction. These remedies have the same effect as if made by the High Court. In determining whether to grant a remedy, the Tribunal must have regard to the principles of judicial review that would apply in the court from which jurisdiction has been delegated. Therefore the Upper Tribunal’s powers are similar to those of the High Court.