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Neutral Citation Number:	2009 92
Reported Number:	R(IB)3/09
File Number:	CSIB 261 2009
Appellant:	EF
Respondent:	Secretary of State for Work and Pensions
Judge/Commissioner:	Judge D. J. May Q.C.
Date Of Decision:	21/05/2009
Date Added:	11/06/2009
Main Category:	Tribunal procedure and practice (including UT)
Main Subcategory:	judicial review
Secondary Category:
Secondary Subcategory:
Notes:	Judicial review by Upper Tribunal in Scotland – whether competent to make application direct to the Upper Tribunal The claimant applied to a Judge of the First-tier Tribunal to exercise his discretion to admit a late request for reinstatement of a withdrawn appeal. That request was refused. The claimant’s representative applied to the Upper Tribunal in Scotland for judicial review on the grounds that the Judge of the First-tier Tribunal had failed properly to exercise his discretion. Held, dismissing the application, that: 1. whereas sections 15 and 16 of the Tribunals, Courts and Enforcement Act 2007 had the effect that in England, Wales and Northern Ireland an application for judicial review might be made direct to the Upper Tribunal, in Scotland an application for judicial review had to be made to the Court of Session in the first instance, although applications challenging procedural decisions or rulings of the First-tier Tribunal had usually to be transferred by the Court of Session to the Upper Tribunal under section 20(1)(a); 2. accordingly, the application made direct to the Upper Tribunal was incompetent
Decision(s) to Download:	R(IB)_3 09 bv.doc