View source for Eba, Petitioner (2010) CSOH 45

''The petitioner sought judicial review of the Upper Tribunal's refusal of permission to appeal against a decision of the Social Security Appeal Tribunal. (1) The UT decision in the present case is subject to review only in exceptional circumstances, i.e. on pre-Anisminic grounds (excess of jurisdiction in the narrow sense) or because there has been a breakdown of fair procedure. (2) This case was not within that restricted right of review so the petition was dismissed.''

==Notes==
*There is no way to appeal against the Upper Tribunal's refusal of permission to appeal against a decision of the First-tier Tribunal, as this is an "excluded decision", hence the petition for judicial review.
*The Scottish court here was in broad agreement with the following English High Court decision: {{pagesummary|R (Cart) v Upper Tribunal (2009) EWHC 3052 (Admin)}}
*[[Anisminic v Foreign Compensation Commission (1968) UKHL 6]], [1969] 2 AC 147 is the case mentioned in the summary above.

==External link==
{{#bailii:[2010] CSOH 45}}

[http://www.scotcourts.gov.uk/opinions/2010CSOH45.html Transcript on Scots Courts website]

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