EBA, Re Judicial Review: SCS 31 Mar 2010

The petitioner claimed disability living allowance. Her claim was refused, and eventually also at the Upper Tribunal, of whose decision she now sought judicial review.
Held: The Upper Tribunal being designated as a court of superior record. Judicial review was not available to the applicant since: ‘the decision of the Upper Tribunal under attack in the present case is subject to review only in exceptional circumstances, i.e. on pre-Anisminic grounds (excess of jurisdiction in the narrow sense) or because there has been a breakdown of fair procedure.’


Lord Glennie


[2010] ScotCS CSOH – 45, [2010] CSOH 45, 2010 SLT 547, 2010 SCLR 345, 2010 GWD 14-253






CitedAnisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Cited by:

At Outer HouseEBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
At Outer HouseEBA v The Advocate General for Scotland SCS 10-Sep-2010
(Inner House) The petitioner wished to appeal against refusal of disability living allowance. Her appeal to the first tier tribunal was rejected, and her request to the Upper Tribunal for leave to appeal was refused. When, she then sought leave to . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative, Benefits

Updated: 17 August 2022; Ref: scu.406767