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Analysis – Judicial review and the UTT

Speed read

Speed Read: Following an extensive review of both the structure of First Tier and Upper Tier Tribunals under The Tribunals, Courts and Enforcement Act 2007 and the nature of the judicial review jurisdiction of the Court in Scotland, the Court of Session concludes that, other than in exceptional circumstances, it had no power to judicially review decisions of the Upper Tier Tribunal. An alleged error of law on the part of the UTT would not suffice to allow it to intervene.

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