Thursday 4 July 2013

Tribunal Fees: Judicial Review Update

As reported yesterday, the Court of Session in Scotland held an initial hearing this morning on a judicial review application challenging the legality of tribunal fees (due to come into force 29th July 2013).

The Court has expedited the full hearing, which will be heardTuesday and Wednesday next week.

The issues in the Scottish Judicial Review are understood to be slightly wider than those in the English Judicial Review.  In Scotland, the argument on the principle of equivalence appears stronger, because fees for lodging claims in the Sheriff Court are modest (about £87 issue fee, £207 per day hearing fee).  Thus the cost of a one day hearing in the Sheriff Court is under £300, compared with a £1,200 fee for a one-day discrimination claim in the tribunal if the fee regime is introduced.

We will keep you informed.  And if you're coming to myMasterClass in Edinburgh next Thursday, Fox and Partners (who have lodged the judicial review application) have agreed to join me on the podium and explain the grounds of the judicial review application and how the previous two days' hearing went.

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