Eba, Re Judicial Review

Tribunal Social Entitlement Chamber dated 10 November 2008 and the refusal of permission to appeal by the Upper Tribunal dated 6 February 2009

[3] The Upper Tribunal has been served with the petition but has indicated that it does not wish to appear or be heard on it. It has made clear, however, that it would be willing to assist on any questions of fact which might arise. In the event, it has not been necessary to seek such assistance.

[4] The petitioner accepts that she has not pled herself within "exceptional circumstances" as that term is used by the respondent (see para.[2] above); and, accordingly, that, if the respondent's argument is accepted, the petition falls to be refused. If, on the other hand, the respondent's argument fails, then there will require to be further procedure to determine the merits of the petitioner's case.

[8] S.7 of the Act provides for the organisation of the First-tier Tribunal and the Upper Tribunal into a number of Chambers. This is to be done by the Lord Chancellor with the concurrence of the Senior President of Tribunals. The functions formerly exercised by a large number of tribunals have already been brought within the new Tribunal system and assigned to the appropriate Chamber. The process is on-going. I refer later in this Opinion to the current state of affairs.

[9] Ss.9-14 of the Act provide both for the review of decisions of the First-tier Tribunal and of the Upper Tribunal, and also for appeals to the Upper Tribunal and to the courts. These provisions are of central importance to the arguments presented in this case.