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The claimant argued that the right of the High Court to supervise tribunals by way of judicial review should not be limited by the changes made to the tribunal structure.
In particular he contended that social security was a special class of case which had historically been subject to such review and should continue to be so.
The Divisional Court held that judicial review was only possible in cases of outright excess of jurisdiction or the denial of a fair hearing. Since neither of these had happened to the claimant he was denied judicial review. He appealed to the Court of Appeal.
The Court of Appeal held that the new tribunal system where the Upper Tribunal had powers similar to those of the High Court was intended so far as possible to create a self-sufficient structure.
It integrated tribunals from disparate sources...
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