Judgment in Scottish Winter Fuel Payment legal challenge now awaited

The petition for judicial review in the case of Fanning and Fanning v the Secretary of State for Work and Pensions and the Scottish Ministers completed its final day 3 of substantive hearing on Tuesday, 25 March 2025, before Lady Hood in the Court of Session.

The Lord Ordinary made avizandum and the Court’s written judgment is now awaited.

The full hearing over three days is available to watch on the Court of Session’s livestream archive here: https://www.scotcourts.gov.uk/livestream/court-of-session/case-p867-24/

Joanna Cherry KC and Mike Dailly, Solicitor Advocate, appear on behalf of the petitioners. The instructing solicitor for the petitioners is Rachel Moon, Partner at GLC, with Laura McDonagh, Partner at Drummond Miller LLP acting as Edinburgh agents.

Andrew Webster KC, Graeme MacIver and Megan Dewart, Advocates appear for the first respondent instructed by the Office of the Advocate General for Scotland. James Mure KC and David Welsh, Advocate appear for the second respondent instructed by the Scottish Government’s Legal Directorate.

The petitioners are supported by a grant of civil legal aid from the Scottish Legal Aid Board in terms of the Legal Aid (Scotland) Act 1986, with assistance from the Equality and Human Rights Commission (EHRC) and the trade unions RMT and RMT Scotland.

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