Apr 22 2008
Appeals against statutory tribunals: tribunals as respondents
In the Court of Session, appeals against statutory tribunals are brought under Chapter 41 of the Rules of Court. Rules 41.3(1A) and 41.21(4) provide that the appeal should be intimated to the tribunal as well as any party to the case. What happens if the appeal attacks the manner in which the tribunal acted, for example alleging a breach of natural justice? This happened recently in S.C. v City of Edinburgh Council, 2008 CSOH 60, in which I appeared for the respondent. In S.C., it was suggested that the Additional Support Needs Tribunal had no right to appear in the appeal. Continue Reading »
