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KembaraXtra – Legal Terms – Ouster of Jurisdiction
Ouster of jurisdiction refers to an attempt to exclude or limit the authority of the courts to hear disputes.
Such exclusion may arise through statutory provisions or contractual terms.
English law applies a strong presumption against interpreting legislation or agreements as completely excluding judicial review unless Parliament’s intention is unmistakably clear.
Courts are generally reluctant to permit unrestricted exclusion of their supervisory role.
The doctrine therefore protects access to justice and the rule of law.
Ouster of jurisdiction refers to an attempt to exclude or limit the authority of the courts to hear disputes.
Such exclusion may arise through statutory provisions or contractual terms.
English law applies a strong presumption against interpreting legislation or agreements as completely excluding judicial review unless Parliament’s intention is unmistakably clear.
Courts are generally reluctant to permit unrestricted exclusion of their supervisory role.
The doctrine therefore protects access to justice and the rule of law.
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