Part IV Other Causes
F1Applications to the supervisory jurisdiction of the Court
C127BRequirement for permission
1
No proceedings may be taken in respect of an application to the supervisory jurisdiction of the Court unless the Court has granted permission for the application to proceed.
2
Subject to subsection (3), the Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that—
a
the applicant can demonstrate a sufficient interest in the subject matter of the application, and
b
the application has a real prospect of success.
3
Where the application relates to F3a relevant Upper Tribunal decision, the Court may grant permission under subsection (1) for the application to proceed only if it is satisfied that—
a
the applicant can demonstrate a sufficient interest in the subject matter of the application,
b
the application has a real prospect of success, and
c
either—
i
the application would raise an important point of principle or practice, or
ii
there is some other compelling reason for allowing the application to proceed.
4
The Court may grant permission under subsection (1) for an application to proceed—
a
subject to such conditions as the Court thinks fit,
b
only on such of the grounds specified in the application as the Court thinks fit.
5
The Court may decide whether or not to grant permission without an oral hearing having been held.
F26
In this section, “a relevant Upper Tribunal decision” means—
a
a decision of the Upper Tribunal for Scotland in an appeal from the First-tier Tribunal for Scotland under section 46 of the Tribunals (Scotland) Act 2014,
b
a decision of the Upper Tribunal in an appeal from the First-tier Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007.
Ss. 27A-27D and cross-heading inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 89, 138(2); S.S.I. 2015/247, art. 2, Sch. (with art. 4)