West v Secretary of State for Scotland: SCS 23 Apr 1992

The petitioner complained that on being moved from his employment at one prison to another, he had been told that his moving expenses would be paid, but that they were not. The respondent said that the terms of his employment were that he was to be mobile, and that as a Crown employee his terms of employment were variable at the instance of the crown.
Held: Wherever there is an excess or abuse of the power or jurisdiction which has been conferred on a decision-maker, the Court of Session has the power to correct it.
Lord Weir
[1992] ScotCS CSIH – 3, 1992 SCLR 504, 1992 SLT 636, 1992 SC 385
Cited by:
CitedEBA 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 . .
CitedAXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

These lists may be incomplete.
Updated: 12 February 2021; Ref: scu.279559