Permission to appeal decisions in two Judicial Review cases: employment tribunal fees and the residency test for legal aid

Fri, 26 Feb 2016

The Supreme Court has granted permission to appeal two recent decisions: R. (on the application of Unison) v Lord Chancellor R. (on the application of Public Law Project) v Secretary of State for Justice. The former case concerns a Judicial Review of employment tribunal fees. The issue in this case is whether the Court of Appeal erred in its approach to the EU principle of effectiveness; in its approach to indirect discrimination and in concluding that Fees Order was not indirectly discriminatory. The latter case relates to a Judicial Review of the residence test for eligibility for legal aid. The issue in this case is whether the draft Legal Aid, Sentencing and Punishment of Offenders Act (Amendment of Schedule 1) Order 2014 is: (i) ultra vires the enabling statute and (ii) unjustifiably discriminatory.

Category: Employment »  Tribunal procedure. Keyword(s): Fees; Judicial review. Area(s) of law: Employment; Public Sector; Litigation.
Source: Supreme Court


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