Permission to appeal decisions

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

26 February 2016

R (on the application of UNISON) (Appellant) v The Lord Chancellor (Respondent)

On appeal from the Court of Appeal Civil Division (England and Wales)

The Supreme Court has granted permission for Unison to appeal the Court of Appeal's decision in this matter.

The case relates to 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 Court of Appeal judgment being appealed is available here:

R (on the application of The Public Law Project) (Appellant) v The Lord Chancellor (Respondent)

On appeal from the Court of Appeal Civil Division (England and Wales)

The Supreme Court has granted for The Public Law Project to appeal the Court of Appeal's decision in this matter.

The 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.

The Court of Appeal judgment being appealed is available here:

These two appeals will be listed to be heard in due course.