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Donnelly, Re Application for Judicial Review - incapacity and social security - Court of Session 10.1.07

Mr Donnelly claimed that he was incapable of work. After a personal capability assessment had been carried out an original decision to allow him certain benefits was reversed and the Social Security Commissioner refused to allow him to appeal. He petitioned the Court of Session for judicial review of that refusal. His petition has been "repelled" (ie rejected). The Court confirmed that the onus is always on an applicant in this situation to show that the reasons for refusal of leave are 'improper or insufficient'.

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