Joanna Cherry KC named senior counsel in winter fuel payment case
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Last week, the Court of Session granted permission to proceed in the judicial review challenge against decisions to cut to the Winter Fuel Payment in Fanning & another v Secretary of State for Work and Pensions and the Scottish Ministers.
Yesterday, the Scottish Legal Aid Board granted full civil legal aid for the petitioners to pursue their challenge. The board has now granted sanction for both senior and junior counsel to conduct proceedings.
Joanna Cherry KC has agreed to act as senior counsel, with Govan Law Centre’s (GLC) Mike Dailly as junior counsel. Rachel Moon, partner at GLC is the instructing solicitor supported by Lorna Walker, senior solicitor and Charis Brooks, solicitor at GLC. Laura McDonagh, partner at Drummond Miller LLP acts as Edinburgh agent.
Permission was granted by Lady Hood in Edinburgh on 24 October 2024. This means the case has been assessed as having “a real prospect of success” in terms of section 27B(2) of the Court of Session Act 1988.
A procedural hearing has been assigned for 4 December 2024; with a substantive hearing fixed for Wednesday, 15 January 2025.
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