Thanks OG - I think that answers my pondering below about how it pans out in the

Supreme Court when they have to consider an appeal from a Scottish Court which may be more receptive to such a challenge than an English Court.

Also interesting, given that I understood it was an application for judicial review, that the Court held that the decision was not reviewable under the normal grounds for judicial review and therefore seems to have gone somewhat out of its way to find a way to find the decision unlawful.

Posted By: Jim, Sep 11, 13:09:36