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Administrative law [2015] ScotCS CSIH_82

Secretary of State for Work and Pensions v Robertson Court of Session

Secretary of State for Work and Pensions v Robertson Court of Session [2015] ScotCS CSIH_82 (24 November 2015)

The Court of Session dismissed the Secretary of State’s appeal as incompetent, holding that the vires issue did not arise from the Upper Tribunal’s operative decision.

  • Statutory interpretation
  • Ultra vires
  • Discrimination
  • Appeal competency
  • Disability living allowance
  • Mobility component
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Criminal law [2013] ScotSC 47

PROCURATOR FISCAL, BANFF v. ELIZABETH CAROL MCLEOD

PROCURATOR FISCAL, BANFF v. ELIZABETH CAROL MCLEOD [2013] ScotSC 47 (25 July 2013)

The sheriff acquitted the accused of failing to notify a change of circumstances affecting Disability Living Allowance, holding the Crown had not proved the necessary elements.

  • Failure to notify change of circumstances
  • Disability living allowance
  • Burden of proof
  • Elements of offence
  • Failure-to-notify-change-of-circumstances
  • Disability-living-allowance
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Administrative law [2010] ScotCS CSOH_45

Eba, Re Judicial Review

Eba, Re Judicial Review [2010] ScotCS CSOH_45 (31 March 2010)

The Court of Session held that judicial review of an Upper Tribunal refusal of leave to appeal is generally unavailable in Scotland except in exceptional circumstances.

  • Judicial review
  • Appeals from tribunals
  • Supervisory jurisdiction
  • Disability living allowance
  • Judicial-review
  • Upper-tribunal
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Administrative law [2004] ScotCS 211

Secretary State Work Pensions v Cunningham

Secretary State Work Pensions v Cunningham [2004] ScotCS 211 (06 August 2004)

The Court of Session dismissed an appeal over disability living allowance, holding that prior professional links between a medical witness and tribunal members created apparent bias.

  • Apparent bias
  • Disability living allowance
  • Tribunal composition
  • Expert evidence
  • Apparent-bias
  • Tribunal-composition
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Social security [2001] ScotCS 304

Turner v Secretary Of State For Social Security

Turner v Secretary Of State For Social Security [2001] ScotCS 304 (21 December 2001)

The Court of Session refused a reclaiming motion challenging the refusal of leave to appeal in a disability benefits case involving mobility allowance and DLA.

  • Disability benefits
  • Mobility allowance
  • Disability living allowance
  • Leave to appeal
  • Natural justice
  • Social-security
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Social security law [2000] ScotCS 155

Stewart v Advocate General For Scotland

Stewart v Advocate General For Scotland [2000] ScotCS 155 (9 June 2000)

Court of Session held the Commissioner misdirected himself on DLA care-component night attention, and remitted the case for rehearing.

  • Disability living allowance
  • Care component
  • Attention in connection with bodily functions
  • Statutory interpretation
  • Disability-living-allowance
  • Social-security-law
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Administrative law [1999] ScotCS 232

Turner (AP), Re Application for Judicial Review

Turner (AP), Re Application for Judicial Review [1999] ScotCS 232 (7 October 1999)

The Court of Session refused judicial review of a Social Security Commissioner’s refusal of leave to appeal, holding there was no breach of natural justice.

  • Judicial review
  • Disability living allowance
  • Natural justice
  • Leave to appeal
  • Judicial-review
  • Natural-justice
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