UK Tribunals System - Upper Tribunal is Subject to Judicial Review in Scotland

The unified tribunal system, implemented through the Tribunals, Courts and Enforcement Act 2007, came into being on 1 April 2009. The new structure consists of a first tier tribunal and an upper tier tribunal. In a decision issued on 10 September 2010, the Court of Session ruled that the Upper Tribunal is a body subject to judicial review by the Court of Session.

Lord President Hamilton, sitting with Lords Kingarth and Brodie, ruled that the fact that the Upper Tribunal had its own judicial review jurisdiction in certain situations did not prevent it from being subject to review by the Court of Session. They took the view that it is possible for the Upper Tribunal to be subject to judicial review in relation to the exercise of some of its' functions even if not in relation to others.

This ruling has been made in an appeal against the decision of Lord Gennie in a petition for judicial review by Blajosse Charlotte Eba [2010] CSOH 45. The petitioner had failed in her claim against the dismissal of her claim for disability living allowance before the First Tier Tribunal. She sought permission to...