The Scottish Court of Session has declined to grant any declaration concerning tribunal fees until a full hearing can take place. The case is relevant to England and Wales as the Lord Chancellor has conceded that a ruling by the Court of Session will bind the whole of the UK, not just Scotland. 

As regards the related separate case in England, the judge agreed yesterday to expedite the judicial review hearing.  

The Government has made three concessions in open court in the Scottish case:-

  • Only one fee is due for multiple appeals in the EAT (the drafting of the Fees order suggests one fee per Appellant)  
  • Preliminary hearings will not warrant any hearing fee  
  • Equal Pay claims fall into `Type A` claims (triggering the lower fee level) - a drafting error which will need legislation to correct.