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30 June 2011
Issue: 7472 / Categories: Case law , Law reports , In Court
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Judicial review—Availability of remedy—Upper Tribunal

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Eba v Advocate General for Scotland [2011] UKSC 29, [2011] All ER (D) 150 (Jun)

Supreme Court, Lord Phillips P, Lord Hope DP, Lord Rodger, Lady Hale, Lord Brown, Lord Clarke and Lord Dyson, 22 Jun 2011

Scottish law is the same as English with regard to judicial review of a refusal by the Upper Tribunal of permission to appeal to itself.

Jonathan Mitchell QC and Lorna Drummond (instructed by Quinn Martin and Langan) for the petitioner. David Johnston QC and Simon Collins (instructed by the Office of the Solicitor to the Advocate General for Scotland) for the advocate general. Michael Fordham QC and Tim Buley (instructed by Herbert Smith LLP) for the Public Law Project as intervener. Alex Bailin QC, Aidan O’Neill QC and Iain Steele (instructed by Freshfields Bruckhaus Deringer LLP) for Justice as intervener. James Mure QC and Anna Poole (instructed by the Scottish Government Legal Directorate) for the Lord Advocate as intervener.

The proceedings raised an issue common to that of the two cases before

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