A couple of days ago I reported that the Scottish law firm Fox & Partners had lodged a petition for an interim interdict to prevent Tribunal fees coming into force in Scotland, on 29 July 2013.

The initial hearing on the matter was heard at the Court of Session in Edinburgh yesterday and the Court decided that an expedited hearing will be heard on Tuesday and Wednesday (9 and 10 July) next week. The judge stated that as the petition "raised matters of great import", an early hearing was preferable. He also directed that the Ministry of Justice consider a request by Fox & Partners QC, that the Ministry provide an undertaking that the regulations will not be enforced in Scotland pending the outcome of the case.

One key argument being put forward by Fox & Partners is that the Tribunal fees will be disproportionate to the fees currently applicable in Scotland in civil actions. For example the cost of a one day hearing in the Sheriff Court in Scotland is £300 but it would cost £1,200 for a one day discrimination claim in the Tribunal.