“…The UK Supreme Court made it clear in R (Unison) v. Lord Chancellor [2017] UKSC 51, [2017] ICR 1037,that a piece of delegated legislation would be ultra vires if there were “a real risk that persons will effectively be prevented from having access to justice”…”
“…Shaw in Butler v Fife Coal Co Ltd [1912] AC 149 (see pp. 178-9) and to the recent decision of the Supreme Court in R (UNISON) v Lord Chancellor [2017] UKSC 51, [2017] ICR 1037. But he said that it was also clear from the Strasbourg case-law that the absence of the means of enforcing a Court order, and specifically an order for reinst…”
“…so referred to the common law right of effective access to justice, most recently affirmed by the Supreme Court in R (Unison) v Lord Chancellor [2017] UKSC 51, [2017] ICR 1037. Mr Line likewise referred to most of the same materials, and also to the terms of the over-riding objective as stated at rule 2A of the 1993 Rules.…”